[Barbara2016]

Hello,

I received a service and the requested product from a vendor in 2012. The request was done online.

I had to ask for the invoice in order to pay him - . He never sent me the invoice and subsequently never followed up with me for payment... until...

Yesterday, April 14, 2016 > 4 years later! < he's asking for payment.

In Ontario, is there a statue of limitations for requesting payment?

Thank you,
Barbara

[AK lawyer]

Usually an invoice as such is not necessary. A SOL would run from the time the service is performed or the goods are transferred. And the vendor could sue, after that time, without an invoice or other additional notice. An invoice is merely a courtesy in most cases.

I'm not sure, but it appears from reading this that the SOL is 2 years.

Seems awfully short, IMO, but whatever.

I'm assuming that the OP as well as the vendor are in Ontario. If one of the parties is in another jurisdiction, the SOL for that jurisdiction might apply instead (were the vendor to sue in that jurisdiction).

[Barbara2016]

Thank you for your reply.I didn't think of this until now... I could confirm the SOL with the Contact the Ministry of Government and Consumer Services.. In case anyone else is interested:http://www.sse.gov.on.ca/mcs/en/Page...s.aspxConsumer Protection Branch.. . 1-877-666-6545

[Fr_Chuck]

I will go past the law.

Why did you require an invoice? Did you not know the amount of the item you ordered ? When you ordered it?

Why would you refuse payment merely because they did not invoice you. Note a email telling you the price is a legal invoice.

I would say you need to also consider the moral duty. You ordered an item, that they freely sent without any payment. Trusting you to pay. Obviously that trust was mislead.

A honest person would have long ago sent the money, since it was owed.

[ScottGem]

SOL laws refer to the time you can be prosecuted for a violation of the law. Not for the collection of a debt. A debt never expires. If you received the product and never paid for it, then you owe for it. Doesn't matter if the seller waited a long time to try and collect. On the other hand, the long period could prevent him from using legal means to collect.

[AK lawyer]

SOL laws refer to the time you can be prosecuted for a violation of the law. Not for the collection of a debt. ... On the other hand, the long period could prevent him from using legal means to collect.

Actually, statutes of limitations ("SOL laws" is redundant, a statute being a type of law.) may pertain to civil lawsuits as well as criminal prosecutions. Thus, in this case, a "long period could prevent him from using legal means to collect." That's what a statute of limitations (or limitations act", as they call it in Ontario) does.

[ScottGem]

Yes, I know SOL can pertain to civil lawsuits, but civil lawsuits still are based on violations of laws. I was trying to convey that without getting too wordy.