When you are injured because of someone else’s actions or negligence, taking legal action may not be your first priority. Medical treatment, time away from work, and the disruption caused by an accident can understandably demand your attention.
However, it is important to be aware that there are deadlines for pursuing many personal injury claims in Ontario. Missing an applicable limitation period may prevent you from bringing a lawsuit, even if you would otherwise have had a valid claim.
Ontario’s Limitations Act, 2002 establishes the general limitation period that applies to many civil claims. Understanding how that deadline works, and when other deadlines may apply, can help you make informed decisions after an accident.
Key Takeaways About Personal Injury Limitation Periods in Ontario
- The general limitation period for many Ontario personal injury lawsuits is two years from the date the claim was discovered.
- The limitation period does not necessarily begin on the exact date of an accident in every case.
- Ontario’s discovery rules consider when the injured person knew, or reasonably should have known, that they had suffered a loss and that a legal proceeding would be an appropriate way to seek a remedy.
- Some claims have separate notice requirements that can expire much sooner than two years.
- Special rules may apply to minors, people who are legally incapable of starting a proceeding, and certain other circumstances.
- Because limitation periods are highly fact-specific, it is generally safer to investigate a potential claim early rather than assume a particular deadline applies.
What Is the Statute of Limitations for a Personal Injury Claim in Ontario?
Under section 4 of Ontario’s Limitations Act, the basic limitation period is generally two years from the day on which a claim is discovered.
For a straightforward accident, the date of discovery may be the date on which the injury occurred. For example, someone who suffers a serious injury in a motor vehicle collision may immediately know that they have been hurt and how the injury occurred.
However, Ontario law does not simply say that every personal injury lawsuit must be filed exactly two years after the accident.
The concept of discoverability can make the analysis more complicated.
When Does the Two-Year Limitation Period Start?
Section 5 of the Limitations Act, 2002 addresses when a claim is considered discovered.
Generally, the analysis looks at when a person first knew, or reasonably ought to have known, that:
- an injury, loss, or damage had occurred;
- an act or omission caused or contributed to that loss;
- the act or omission was attributable to the person against whom the claim may be made; and
- starting a proceeding would be an appropriate way to seek a remedy.
This can matter when the seriousness or cause of an injury is not immediately apparent.
For example, symptoms may develop over time after an accident. Determining the correct discovery date can involve medical evidence, the circumstances surrounding the incident, and the injured person’s knowledge at different points in time.
Because this is a legal analysis rather than a simple calendar calculation, an injured person should not delay seeking information about their options. An experienced personal injury lawyer can help clients explore their legal opportunities before time runs out.
Do All Personal Injury Claims Have the Same Deadline?
No. The two-year period is an important general rule, but other statutory deadlines and notice requirements can apply depending on the circumstances of your case.
For example, a person injured in a trip or fall may have obligations that arise well before the two-year lawsuit deadline. Goodman Elbassiouni LLP’s slip and fall FAQs explain that certain occupiers’ liability claims can come with shorter notice periods, such as those that involve accidents on public or municipal property.
Motor vehicle cases can also involve multiple timelines because an injured person may be dealing with both an accident benefits claim and a lawsuit against an at-fault party. If you have been injured in a collision, speaking with experienced Toronto car accident lawyers can help you understand which deadlines may apply to your particular situation.
The important point is that the two-year limitation period should not be treated as permission to wait two years before taking action.
Are There Exceptions to Ontario’s Two-Year Limitation Period?
Ontario’s legislation contains several provisions that can affect how a limitation period runs.
Claims Involving Minors
Under section 6 of the Limitations Act, the basic limitation period generally does not run while the person with the claim is a minor and is not represented by a litigation guardian in relation to the claim.
Legal Incapacity
Section 7 contains rules affecting a person who is incapable of starting a proceeding because of a physical, mental, or psychological condition and who is not represented by a litigation guardian. The legislation also creates a presumption of capacity unless the contrary can be established.
These rules can be complex, and the facts of each case matter.
The Ultimate Limitation Period
Ontario law also contains an ultimate limitation period. Subject to statutory exceptions, section 15 generally prohibits a proceeding from occurring more than 15 years after the act or omission on which the claim is based, although certain exceptions may still apply.
This is another reason why discoverability should not be viewed as allowing an injured person to delay indefinitely.
Why Should You Act Early After an Injury?
Limitation periods are not the only reason to investigate a claim promptly.
Evidence can disappear over time. Surveillance footage may be deleted. Witnesses can become difficult to locate or may forget important details. Hazardous conditions may be repaired, and accident scenes can change.
Medical documentation is also important. Seeking appropriate treatment can help protect your health while creating a record of your symptoms, diagnosis, and recovery.
If you have been injured because of another person’s negligence, Ontario personal injury lawyers can review the circumstances of your case and help identify the deadlines that may apply.
Frequently Asked Questions About Ontario Personal Injury Limitation Periods
Is the Limitation Period Always Two Years From the Accident Date?
No. The general limitation period is two years from discovery of the claim, which may or may not be the same day as the accident. The specific facts determine when the limitation period begins.
Can I Still Make a Claim if More Than Two Years Have Passed?
Possibly, depending on the circumstances, but you should not assume an exception applies. Discoverability, minority, incapacity, or other legal rules may affect the deadline in some cases. A lawyer can review the relevant dates and facts.
Do Slip and Fall Claims Have Shorter Deadlines?
They can. Certain slip and fall claims are subject to notice requirements that arise much sooner than the general two-year limitation period. If you were hurt on someone else’s property, consulting Toronto slip and fall lawyers early can help you identify the applicable deadlines.
What Happens if I Miss the Limitation Period?
If an applicable limitation period expires, you may lose the ability to pursue your claim through the courts. Whether a claim is actually out of time depends on the facts and the legislation governing the particular case.
Should I Wait Until I Know How Serious My Injuries Are?
It is generally better to investigate your options early. Speaking with a lawyer as soon as you are able does not necessarily mean you must immediately start a lawsuit. It can help you understand your rights, preserve important evidence, and avoid inadvertently missing a deadline.
Speak With Our Toronto Personal Injury Lawyers About Your Claim
Deadlines in Ontario personal injury cases can be complicated, particularly when discoverability rules or shorter statutory notice periods are involved. The safest approach is not to assume that you know how much time remains.
If you or a family member has been injured in Toronto or elsewhere in Ontario, the personal injury team at Goodman Elbassiouni LLP can review your circumstances and explain the potential next steps. Contact us online to book a consultation or call 905-265-1005 to speak with our team now.