Limitation periods curb delay — not rights — in Charter claims

The Ontario Court of Appeal once suggested that claims for damages under the Charter should not be subject to any statutory limitation period. However, the court recently clarified that such claims must be commenced within the limitation period, or not at all. This does not restrict access to constitutional remedies. Rather, it requires Charter claimants to pursue their claims in a timely way — just like other litigants.

The Lawyers Weekly, Focus on Civil Litigation, September 3, 2010