top of page
  • katie7190

Federal Court Limitation Periods

Updated: May 29, 2020

Written by Kelli Day

Black & Associates

In Ontario, there is a general limitation period of two years. This means that a person must commence an action within two years of discovering their claim, as defined by the Limitations Act, 2002. This two-year period generally provides claimants with a sufficient opportunity to carefully consider whether they wish to initiate a lawsuit, taking into account all relevant factors such as the financial burden, chances of success, and the associated time commitment. The two-year period also serves the important purpose of ensuring that potential defendants do not have to live with an indefinite threat of litigation.

However, the Limitations Act, 2002 does not apply in every case and there are other, more onerous, limitation periods which apply to particular proceedings. In the case of applications for judicial review pursuant to the Federal Courts Act, the applicable limitation period is thirty (30) days.

Specifically, section of 18.1(2) of the Federal Courts Act states as follows:

An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.

Notably, the legislation does provide the Court with discretion to extend the limitation period both before and after its expiration, but only in certain limited circumstances. It therefore goes without saying that claimants must act very quickly in order to protect their legal rights. Accordingly, if you are affected by an administrative decision which is captured by the Federal Courts Act and you are considering filing an application for judicial review, it is imperative that you seek legal advice as soon as possible.

Our lawyers have experience assisting clients with applications for judicial review both before the Federal Court and the Superior Court of Justice. If you have questions about limitation periods or an application for judicial review, please contact one of our litigators.

No Lawyer-Client Relationship

No lawyer-client, fiduciary, or other relationship is created by the access or use of the Black & Associates website or by communicating with any of our lawyers or staff members by way of e-mail or otherwise through the Black & Associates website.

Not Legal Advice

The material provided on the Black & Associates website is for general information purposes only. The contents of the Black & Associates website does not constitute legal advice. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice.You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. All links to external documents and all information on this website are provided for your convenience and informational purposes only. Your use of these materials is at your own risk.

509 views0 comments


bottom of page