How Long Do You Have to Sue for Wrongful Dismissal in Ontario?
There is a hard deadline to sue for your severance in Ontario, and it is shorter than most people think. Miss it and you can lose an otherwise strong claim entirely.
Key takeaways
- The basic deadline to sue for wrongful dismissal is two years from your dismissal.
- It comes from the Limitations Act, 2002, and it is strict. Missing it usually ends the claim.
- The clock generally starts on your termination date, when the loss is known.
- You can pursue an ESA claim with the Ministry of Labour instead, but you usually cannot do both for the same pay.
- Some claims, like disability benefits, can carry shorter deadlines in the policy. Check early.
In this article
One of the quietest ways to lose a good severance claim is simply to wait too long. People often assume they can take their time, especially while they focus on finding a new job. But there is a firm legal deadline to sue in Ontario, and once it passes, even the strongest wrongful dismissal case can be gone for good.
✅Quick answer. In Ontario, you generally have two years from the date you were dismissed to sue for wrongful dismissal, under the Limitations Act, 2002. The clock usually starts on your termination date. You can instead file an ESA claim with the Ministry of Labour, but you typically cannot pursue both routes for the same entitlement. Some claims, especially disability benefits, carry their own shorter deadlines, so it is important to check early and not let time run out.
What is the deadline to sue?
For a wrongful dismissal lawsuit, the basic limitation period is two years. Section 4 of the Limitations Act, 2002 sets a general two-year deadline to start a court proceeding, running from the day the claim is discovered. In an ordinary dismissal, that discovery date is your termination date, because that is when you know you have lost your job and suffered the loss. So the practical rule for most people is simple: you have two years from the day you were let go.
When does the clock start?
Usually on your last day, or the day you were told the employment was ending. Under section 5 of the Act, a claim is discovered when you first knew, or ought reasonably to have known, that the loss occurred and that a proceeding was the appropriate remedy. For a clear dismissal, that is the termination date. In less obvious situations, such as a constructive dismissal that unfolds over time, the discovery date can be more complicated, which is another reason to get advice sooner rather than later.
The ESA claim option, and why you usually cannot do both
Instead of suing, you can file an employment standards claim with the Ministry of Labour to recover your ESA entitlements, such as termination and severance pay. That route has its own time limit and is generally free, but there is an important catch: you usually have to choose. Filing an ESA claim for your termination or severance pay generally bars you from also suing for the same pay in court, and the ESA only captures the statutory minimums, not your larger common law severance. For most people with a real severance claim, the court route protects the bigger number, which is why the choice is worth advice before you file anything.
Watch for shorter deadlines
Two years is the general rule, but not every claim gets it. Long-term disability policies often contain their own limitation clause that can be shorter than the statutory period, which is one of the traps in a denied LTD claim. Some federal or specialized complaints also have tighter windows. The safe assumption is that a deadline is always running, and that it may be shorter than you expect, so the moment you are dismissed or denied, the clock is a reason to act.
What should you do to protect your deadline?
- 1.Note your termination date. That is usually when your two-year clock starts.
- 2.Do not let an internal appeal, negotiation, or job search quietly run out your time to sue.
- 3.Decide the ESA-versus-court question with advice before filing, since it can affect what you recover.
- 4.Get advice early. A free review can confirm your deadline and the best route.
Knowing the deadline is only the first step; the value of the claim is the severance itself, and whether the dismissal was really a wrongful dismissal. The point of watching the clock is to make sure you still have the chance to pursue what you are owed.
Frequently asked questions
How long do I have to sue for wrongful dismissal in Ontario?
Generally two years from the date you were dismissed, under the Limitations Act, 2002. The clock usually starts on your termination date, and missing the deadline can end an otherwise strong claim.
When does the limitation clock start after being fired?
Usually on your last day or the day you were told your job was ending, because that is when the loss is discovered under section 5 of the Limitations Act. Constructive dismissals that unfold over time can have a more complicated start date.
Can I file an ESA claim and also sue?
Usually not for the same pay. Filing an employment standards claim for your termination or severance pay generally bars you from suing for the same entitlement, and the ESA only covers the statutory minimums, not your larger common law severance. Get advice before choosing.
Are there shorter deadlines than two years?
Yes. Disability policies often contain their own, sometimes shorter, limitation clause, and some specialized complaints have tighter windows. Assume a deadline is always running and check it early.
Daniel Carter
Legal Writer, Mirza Law
Daniel Carter is a legal writer at Mirza Law in Toronto. He writes about layoffs, employment contracts, and the steps to take before you sign anything from your employer.
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