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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Has the statute of limitations run out on a 7 year old (2008)

Customer Question

has the statute of limitations run out on a 7 year old (2008) college tuition. I was under the understanding it was dealt with years ago and havemnow been contacted by a collection agency that says they are going to take me to small claims court. I live in Ontario, Canada.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 7 months ago.
The statute of limitations in Ontario for civil actions is 2 years. This two years starts from the date on which the loss or damage was discovered or ought to have been discovered. In this case, that would likely be the date on which your tuition fees fell due but you didn't pay. As that would likely have been in 2008 or so, it seems like the college would be long over the time limit and thus unable to actually sue you. So, I'd imagine they have retained the collections agency as more of a bluff or irritant, to try and scare or annoy you into paying with the threat of suing even though in reality if you don't pay it appears they're out of time and thus couldn't really pursue it any further.Hopefully that answers your question.
Customer: replied 7 months ago.
in most cases I know this to be true I wanted to know if college tuition - personal not a government loan for school like OSAP is an exception - though it seems odd that a government institution (college) would go to a collection agency when they could use a government agency and collect utilizing something like a income tax rebate etc
Expert:  Daniel Freudman replied 7 months ago.
I am familiar with the Limitations Act and am entirely unaware of any sort of exception that would effectively extend the time period for a college tuition debt to be collected. I see no reason or legal exception suggesting it's any different than the ordinary statutorily prescribed 2 years, and thus my answer remains.It may also answer your question as to why they don't use some sort of government collection agency, if they know such is unavailable to them because they are out of time.Hopefully that clears things up.
Expert:  Daniel Freudman replied 7 months ago.
Would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you.
Expert:  Daniel Freudman replied 7 months ago.
Sorry to bother you but would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you.

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