How to Plead the Limitation Period in Your Ontario Statement of Defence
If you think a debt lawsuit is too old, knowing that does nothing on its own — an expired limitation period is a defence you must raise in writing, not a fact the court checks for you. Under Rule 25.07(4) of Ontario’s Rules of Civil Procedure, a party who intends to rely on the Limitations Act, 2002 to defeat a claim must specifically plead it. Miss that step, stay silent, or file a defence that only denies owing the money, and a judge can still find against you — even on a debt that was clearly too old to sue on. Here is what actually needs to go in the document, and the mistakes that quietly waive a good defence.
The rule that makes or breaks this defence
Rule 25.07(4) of the Rules of Civil Procedure (R.R.O. 1990, Reg. 194) requires a defendant to plead “any matter on which the party intends to rely to defeat the claim of the opposite party and which, if not specifically pleaded, might take the opposite party by surprise or raise an issue that has not been raised in the opposite party’s pleading.” Ontario courts have repeatedly confirmed this applies squarely to limitations: the expiry of a limitation period is treated as an affirmative defence, not a technicality the court raises on its own initiative. If your defence is silent on timing, the plaintiff is entitled to assume it is not in issue — and a motion, summary judgment, or trial can proceed without the point ever being considered.
This matters just as much in Small Claims Court. Under Rule 9.02 of the Rules of the Small Claims Court (O. Reg. 258/98), a Defence (Form 9A) must set out the reasons the claim is disputed “in concise non-technical language” — but concise does not mean vague. A defence that says only “I don’t owe this” is not the same as one that says the claim is statute-barred.
What “pleading it” actually means
Simply writing the word “statute-barred” in a paragraph is weak. A properly pleaded limitation defence should set out the material facts, not just the legal conclusion:
- The basic limitation period. Under section 4 of the Limitations Act, 2002, a proceeding generally cannot be commenced more than two years after the claim was discovered.
- When the claim was discovered. Section 5 defines discovery — usually the date the creditor knew, or ought to have known, that a claim had arisen (commonly tied to default or the last payment on the account). Your defence should plead the date you say discovery occurred, and why.
- Why two years had already passed when the Statement of Claim was issued, based on that discovery date.
- Anticipate the acknowledgment trap. Section 13 lets a written, signed acknowledgment of the debt — or a partial payment — made before the period expires restart the two years. If the plaintiff is likely to point to a later payment or email as an acknowledgment, address it: state why no qualifying acknowledgment was made, or why any acknowledgment came after the period had already run (after which it generally cannot revive a dead claim).
- The ultimate limitation period, where relevant. Section 15 imposes an outer 15-year limit from the act or omission itself, regardless of discovery — rarely the live issue on consumer debt, but worth naming if the account is genuinely old.
A pleading built on these specific facts is far harder to dismiss on a technicality than one that just asserts the debt is “too old.” For the underlying two-year/15-year framework itself, see our overview of when Ontario debt becomes statute-barred.
Small Claims vs. Superior Court: same principle, different form
The rule is the same; the paperwork differs:
- Superior Court of Justice (claims over $50,000, or plaintiff’s choice below that): you plead the limitation defence in a Statement of Defence under Rules 18 and 25. If you need more time to prepare it, a Notice of Intent to Defend delivered within your response window buys an extra 10 days — see what to do first after being served with a Statement of Claim for the exact deadlines.
- Small Claims Court (claims up to $50,000): you plead it in the Defence, Form 9A, generally due within 20 days of service (Rule 9.01). Rule 9.02 requires “a reasonable amount of detail” — that detail is exactly where the discovery date and the two-year calculation belong. If the defence relies on a document (an account statement, a letter, an email showing the last payment date), a copy generally must be attached, or the defence must explain why it isn’t.
Either way, the defence has to be filed and served — not emailed to the collector, not argued for the first time at a settlement conference.
Mistakes that quietly waive a good limitation defence
- Filing a bare denial. “I dispute this claim” preserves almost nothing if the real defence is timing. Courts have been clear that failing to specifically raise a limitations defence can mean losing the right to argue it later, even at trial.
- Admitting or paying before checking the calendar. A signed acknowledgment or a partial payment before the two years expire can restart the clock — the very outcome you are trying to plead around. Get the dates straight before you respond to any collector contact, not after.
- Guessing the discovery date. “Discovery” is a legal concept, not just the account-opening date. It typically turns on when the creditor knew or ought to have known of the default — get this fact right, or plead it as an issue for the court rather than concede a date that hurts you.
- Missing the deadline entirely. None of this matters if the defence isn’t filed on time. If you are unsure how many days you have, see our guide on responding to a Statement of Claim before doing anything else — including talking to the plaintiff.
What happens after you plead it
Once pleaded, the limitation defence becomes a live issue the plaintiff must contend with — through a settlement conference (Small Claims), a motion, or trial. Plaintiffs facing a specifically pleaded, fact-supported limitation defence often reassess the claim rather than litigate a point they may lose. That is exactly why the pleading itself, not just the underlying facts, carries real weight.
FAQ
Do I have to prove the debt is statute-barred, or does the creditor have to prove it isn’t? Once you plead the limitation defence with supporting facts, the burden shifts to the plaintiff to show the claim was commenced in time — for example, by pointing to a later discovery date or a qualifying acknowledgment. That is exactly why pleading the specific dates matters: it forces the plaintiff to respond to your version of events.
Can I add a limitation defence later if I forgot to plead it? Sometimes, with leave of the court to amend the pleading — but that is not guaranteed, costs time and possibly money, and some courts have held the point can be lost if raised too late. Plead it the first time.
What if I’m not sure when the debt became statute-barred? Say so, precisely. A defence can plead an approximate discovery date and put the plaintiff to strict proof of when the claim actually arose, rather than conceding a date. This is a case-specific judgment call worth getting advice on before filing.
Does making a small payment now fix anything, or make it worse? It can make things worse. A partial payment can be treated as an acknowledgment that restarts an unexpired limitation period. Do not pay or sign anything in response to an old debt until you know where the two-year clock actually stands.
Already served, or drafting your defence now?
Getting the limitation plea right — with the correct discovery date, the acknowledgment issue addressed, and the right form for the right court — is the kind of detail that decides these cases. If you are being sued for a debt in Ontario and think the timing is on your side, get a free case assessment before your deadline passes.
Sources: Limitations Act, 2002, S.O. 2002, c. 24, Sch. B · Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (r. 25.07) · Rules of the Small Claims Court, O. Reg. 258/98 (rr. 9.01–9.03) · Small Claims Court, Ministry of the Attorney General
General information for Ontario, not legal advice. Reviewed by Angelos Spingos. Last reviewed July 30, 2026.