Ontario Statute of Limitations


Limitations Act on Debt in Ontario





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  1. AvatarJ. Douglas Hoyes






  3. 2. it’s not his debt

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  10. AvatarJ. Douglas Hoyes


  11. Avatarvince

    i would appreciate your answer

  12. AvatarDani


  13. AvatarJhon

    Hello ,



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  19. AvatarSteve

    I have 2 questions, if you don’t mind.


  20. AvatarJ. Douglas Hoyes

    Hi Steve.




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  33. AvatarLevi

    I have 2 questions
    I was advised to send the collection agency this sample letter.
    Dear [Creditor]:

    Can this registered letter constitute “acknowledging the dept”

    Your Help is very much appreciated


  34. AvatarRay L.

    Hello J
    Thank You

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  38. AvatarJ. Douglas Hoyes


  39. AvatarJ. Douglas Hoyes

    Hi Ray. You can contact the credit reporting agencies directly:


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  43. AvatarMikemax

    I keep getting calls from a collection agency for a debt that is from my ex employer company credit card. My ex employer is officially bankrupt and did not pay off my credit card debts that were legit business expenses. I refuse to pay those debts, since they are business expenses, and I stop answering the collection agency calls after repeatedly telling them the situation. How do I get them to stop calling? I do not see the collection reported on any of my bureaus.

  44. AvatarTed Michalos

    First, you might want to check the cardholder agreement when your old employer issued the credit card to make sure you are in no way personally liable. If the card was issued to you personally and guaranteed by the company you might be on the hook for the debt. Since you have said the credit card does not appear on your credit report then it probably is not a personal card.

    Anyone dealing with a collection agency has the right to send them a registered letter (or couriered) advising them that you dispute the debt and instruct them to either “proceed to Court” or cease collections. If they continue to contact you after you’ve sent such a letter you may complain to the Ministry of Consumer Affairs.

    Your only other option is to keep ignoring them…

  45. AvatarSue

    Hi, i have a debt that is from 2012 i believe…that is now with a collection agency, and has increased by $5000. It is now dated 2018! Can they restart the clock on this? It is originally from a bank credit card and overdraft. I thought it would be falling off my credit rating by now! They call and text me but i never answer the calls or texts.

  46. AvatarTed Michalos

    They can restart the clock if you “confirmed” the existence of the debt. The Limitations Act says that a creditor has two years from the last time you confirmed existence of a debt to commence legal action, or you have a defence in Court that says, “I didn’t think I still owed the money as it has been over two years without a word”. So if you haven’t done anything to confirm the debt then I suggest you send them a letter (either registered or by courier so that you have proof of delivery renouncing the debt and requiring the collection agent to take you to Court. Just be prepared that they may take you to Court – if they do then make certain you appear and renounce the debt. Otherwise the Court won’t know that it is from 2012…

  47. AvatarErin

    I have and old unpaid debt with the Ontario portion of a student loan. It’s about 15 years old and hasn’t been on my credit report in years. I contacted the Federal government to resolve my debt and they told me that the Federal portion no longer needs to be paid back because it is past the statute of limitations but I am still getting calls from a collections agency concerning the Provincial portion. I’m not in a hurry to give them my money since it’s not effecting my credit score. The only problem is they are garnishing my income tax payments. Are they allowed to do this? Can I legal have them stop calling and garnishing my income tax?

  48. AvatarTed Michalos

    As long as your student debt remains outstanding they have a right to request CRA send them your tax refunds – the only way to stop them is to deal with the debt. Given how old it is maybe you should call and offer them a one time payment/settlement. Without knowing how much you owe I can’t guess what you should offer, but a good starting point is either half what they are looking for or ask what the debt owing is without accumulated interest charges and start there. Good luck.

  49. AvatarKevin O'Brien

    I have a couple of debts that are past the statute but the collection agencies keep selling the debt back and forth to other agencies. I have not spoken to any of them and only receive the occasional letter in the mail when a new agency buys the old debt but multiple phone calls daily to my home and cell lines. I have not acknowledged the debt to them so once a new agency buys the debt, does this make the 2 year statute null as the debt is “new” to that agency? I’ve looked at my credit report and when a new agency buys the debt that is technically over 2 years old, it looks as though it’s a new debt.

  50. AvatarTed Michalos

    No, simply transferring the debt to a new collection agency doesn’t reset the 2 year Limitations clock. Frankly, your best bet to deal with this once and for all is to rend a registered letter (or by courier with proof of delivery) to the collection agency instructing them to “cease and desist” their collection activities and to “take you to Court”. In Court, you will advise that it has been over 2 years since you confirmed the debt and the judge should throw it out…

  51. AvatarRandy

    Hi… So does “Confirm the debt” include a simple phone call with a collection agency in which you may or may not have alluded to the fact that this may be your debt? … I ask because it seems that the lawyer answering questions here a while ago seemed to believe that the likelihood of resetting the clock due to a simple phone call is unlikely because it’s too hard to prove the date of the call… So, have things changed today in 2019? … What if I accidentally implied that a debt is mine, do they automatically reset the clock using a recording as evidence?

  52. AvatarTed Michalos

    No one can answer that question for you Randy. Certainly an “aggressive” collector will argue that anything you say “implies” you confirm your debt. Only a Court can decide based on the facts presented. Protect yourself by being careful what you say and how you say it… Sorry, there is no better answer.

  53. AvatarAdina


    Quick question, a debt came off my report 2 years ago it appears someone bought the old debt and put it back on my credit card report. I sent in a dispute is this legal in Canada? Second question how long do judgments stay on your credit report?

  54. AvatarTed Michalos

    The credit bureaus (Equifax and Trans Union being the biggest two) report whatever they are told to report by their members. You have done the correct thing in filing a dispute if you believe you no longer owe the debt that is listed. You might also send a registered letter to the company reporting the debt disputing the debt and instructing them to proceed to Court to prove their claim. That will force them to decide if they think they have a legal case to collect from you. They probably don’t…

  55. AvatarJennifer Young

    I recieved a letter from a lawyers office for a old credit card. There was no amount on there. I called bc it has been so long since I had a credit card from BMO. The credit card was for 6000.00. She told me it was from 2009 and I now owe 19000.00. I went bankrupt in 2016 and was discharged in 2018. She said if it wasnt on the bankruptcy i still owe. Is this true.

  56. AvatarTed Michalos

    It is not. If you still have your bankruptcy papers look to see how much was paid to your creditors by your trustee – it should be the last page of a document called the Statement of Receipts and Disbursements. In most bankruptcy the creditors receive nothing at all. The most you may be required to pay towards this debt is the same rate of repayment all of your other creditors received – if they received nothing then this debt receives nothing, if the others received $0.10 on the dollar then you may have to pay that much towards this debt for the balance back in 2016.

    BUT it is likely that a collection agency has bought the debt from BMO for a very small fee (2 cents on the dollar). BC likely has limitations laws that restrict their ability to collect a debt this old. You may want to send them a written response by registered mail or courier (so you can prove they received it) instructing them to cease collection actions and take you to Court. If you do they will probably go away. If they decide to take you to Court make sure you attend and that you tell the Court about the bankruptcy and the history of the debt. Likely the Court throws it out due to the age of the debt and your bankruptcy…

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