The limitation period for a civil lawsuit is the amount of time that a plaintiff has to file their lawsuit. If a plaintiff does not file their lawsuit within the limitation period, they will lose their right to sue.
The limitation period for a civil lawsuit in Canada varies depending on the type of lawsuit. Some common limitation periods include:
- Two years: Personal injury, property damage, breach of contract, negligence
- Three years: Defamation, malpractice, fraud
- Six years: Breach of fiduciary duty, debt collection
- Ten years: Enforcement of a judgment
- Thirty years: Land disputes, breach of trust
The limitation period for a civil lawsuit begins to run on the date that the cause of action arises. The cause of action is the event that gave the plaintiff the right to sue. For example, in a personal injury lawsuit, the cause of action arises on the date of the injury.
There are some exceptions to the limitation periods for civil lawsuits. For example, the limitation period may be extended if the defendant fraudulently concealed the cause of action from the plaintiff. The limitation period may also be extended if the plaintiff is a minor or if they are mentally incompetent.
If you are considering filing a civil lawsuit, it is important to be aware of the limitation period for that type of lawsuit. You should consult with a lawyer to determine the limitation period for your case and to ensure that you file your lawsuit on time.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.