by footloose » Tue Aug 24, 2010 05:48:18 PM
Fran and Jean
You are very misinformed as to how the Ontario Limitations Act, 2002 works. You are correct when you say that the limitation period in Ontario is two years. However, you are incorrect in your understanding of how the limitation period operates and what will extend it. A simple example should suffice.
Let's say that Charlie owes Acme MasterCard $3,000 and made his last payment on June 30, 2009. His next payment is due on July 30, 2009 but no payment is made. His limitation period starts on July 30, 2009 and ends on July 30, 2011. If any payment on this debt is made WITHIN this period or any written acknowledgement of the debt is made WITHIN this period, this will restart the date of the limitation period. However, if any payment is made on this debt OUTSIDE this period or any written acknowledgement of this debt is made OUTSIDE this period does NOT restart the limitation period. Once a limitation period has expired, generally it can not be restarted again.
Good Luck and have a GREAT DAY