Labour & Employment Law Seminar
It's human nature to procrastinate
Procrastination can be especially attractive when to decide not to procrastinate also means deciding to start a legal proceeding with all of the costs and time commitments that litigation involves.
But of course, eventually you have to decide whether or not you will commence a legal proceeding or lose your rights as a result of a limitation period.
What is sometimes overlooked is that as a result of a law which came into effect on January 1, 2004, limitation periods in Ontario are pretty short – with some exceptions, they generally expire 2 years following the date that you become aware that you have a claim.
There are many good reasons not to take legal proceedings to collect an amount that is owing to you, but whatever your reasons, you should understand exactly when the 2 year limitation period started and when it will end, because if you sleep through the limitation period, your rights will be gone.
If you think that you may be approaching a limitation period but neither want to commence a legal proceeding nor lose your rights, get some legal advice to confirm when the 2 year period actually started and to discuss options that may be available to extend it.
This area of the law is very complex. There are a number of exceptions to the general principle discussed above, so if in doubt, get legal advice early.
If you snooze, you lose.