How Long Do You Have to File a Personal Injury Claim in Ontario? Understanding Ontario’s Limitation Period
If you have been injured because of someone else’s negligence, you generally have a limited amount of time to file a personal injury claim in Ontario. Understanding Ontario’s personal injury claim limitation period is important because missing the deadline could prevent you from recovering compensation.
This article explains how long you have to file a personal injury lawsuit, the discoverability rule, exceptions, and why speaking with a personal injury lawyer early is so essential.
Ontario’s Two-Year Limitation Period
Under section 4 of the Limitations Act, 2002, a proceeding cannot be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. In practical terms, for most personal injury claims, this means you generally have two years from the date of the accident or incident that caused your injury to start a lawsuit in court.
This two-year period applies broadly to personal injury claims in Ontario, including those arising from car accidents, slip and falls, occupier’s liability claims, product liability claims, and most other forms of negligence resulting in personal injury. If a claim is not commenced within this window, the defendant can raise the expiry of the limitation period as a complete defence, and the claim will typically be dismissed regardless of its underlying merit.
Because two years can pass quickly, particularly while you are focused on recovery and dealing with insurers, it is important to speak with a personal injury lawyer as early as possible after an accident so your rights are protected.
Exceptions to the Two-Year Limitation Period
While the two-year rule is the default, the Limitations Act recognizes that certain claimants are not in a position to commence a claim within that window. The Act suspends, or “tolls,” the running of the limitation period in several specific circumstances.
Minors
Under section 6 of the Act, the basic limitation period does not run during any time in which the person with the claim is a minor and is not represented by a litigation guardian in relation to the claim. In other words, if a child is injured, the two-year clock generally does not start running until they turn 18, unless a parent, guardian, or other litigation guardian is already pursuing the claim on their behalf. This protects young claimants who would otherwise be unable to act in their own legal interest.
Persons Who Are Mentally Incapable
Section 7 of the Act similarly suspends the limitation period during any time in which a person with a claim is incapable of commencing a proceeding because of a physical, mental, or psychological condition, and is not represented by a litigation guardian. This provision is particularly relevant in catastrophic injury cases, where a person’s cognitive or psychological capacity may be affected by the very injury that gives rise to the claim. If less than six months remain on the limitation period when the suspension ends, the Act automatically extends it to six months from that date. This ensures that a person does not lose their right to sue simply because they were incapable for most of the limitation period.
It is important to note, however, that under section 7(2) of the Act, a person is presumed to have been capable of commencing a proceeding at all times unless the contrary is proved. The burden therefore falls on the claimant to establish that they were, in fact, incapable. A defendant can rely on that presumption to challenge any suspension of the limitation period.
Sexual Assault and Sexual Misconduct
The Act provides the strongest protection of all in cases involving sexual assault or related misconduct.
For proceedings based on sexual assault, there is no limitation period whatsoever. A survivor may commence a claim at any time, regardless of when the assault occurred.
For proceedings based on any other misconduct of a sexual nature, there is no limitation period where, at the time of the misconduct, the person with the claim was a minor, or the relationship between the parties was one of trust, authority, or dependency. Outside of those circumstances, the general two-year limitation period would apply.
In both cases, these provisions apply retroactively, meaning survivors may be able to bring a claim today even if an older limitation period would otherwise have expired, subject to limited exceptions for claims that were already dismissed by a court or formally settled.
What Is the Discoverability Rule in Ontario?
One of the most important features of Ontario’s limitations regime is the discoverability rule found in section 5 of the Limitations Act. The two-year clock starts on the day the claim was “discovered.”
A claim is discovered on the day the person with the claim first knew, or ought reasonably to have known, that:
- the injury, loss, or damage had occurred;
- the injury, loss, or damage was caused by or contributed to by an act or omission;
- the act or omission was that of the person against whom the claim is made; and
- a proceeding would be an appropriate means to seek a remedy.
This matters a great deal in personal injury cases because not every injury is obvious right away. For example, a person involved in a minor collision may not realize until weeks or months later that they have a serious soft tissue injury, a concussion, or another condition connected to the accident. In those situations, the limitation period may not start running on the date of the accident itself, but on the later date the person reasonably discovered that they had suffered a significant injury caused by another party’s conduct. Courts will look closely at what the injured person knew, and ought to have known, at each stage, and the burden falls on the person bringing the claim to show that an extension of time is justified under the discoverability principle.
Importantly, section 5(2) of the Act creates a presumption that works against claimants who delay: a person is presumed to have known about their claim on the day the act or omission occurred, unless they can prove otherwise. This means the burden falls on the injured person to demonstrate that they did not, and could not reasonably, have known about their injury or its cause until a later date. Because the application of discoverability is fact-specific and frequently disputed by insurers and defendants, it should never be relied upon as a substitute for acting promptly. If you are unsure when your limitation period began to run, that is a conversation to have with a lawyer, not an insurance adjuster.
Understanding Ontario’s 15-Year Ultimate Limitation Period
Even where discoverability or one of the exceptions above might otherwise extend a claimant’s time to sue, the Limitations Act imposes an outer boundary on most claims. Section 15 of the Act establishes an ultimate limitation period of 15 years from the day on which the act or omission on which the claim is based took place, regardless of whether the claim was discovered before that date.
This means that, subject to a narrow set of exceptions, no proceeding may be commenced more than 15 years after the underlying act or omission occurred, even if the injured person did not know, and could not reasonably have known, about their claim until later. The ultimate limitation period does not apply where a person with the claim was incapable of commencing the proceeding for the entire 15-year period and was not represented by a litigation guardian, or where the person against whom the claim is made wilfully concealed the relevant facts, or wilfully misled the person with the claim as to the appropriateness of commencing a proceeding.
The ultimate limitation period serves as a final backstop, balancing fairness to injured parties against the interests of defendants in not facing claims indefinitely. It is a useful reminder that limitation periods in Ontario can be more complex than a simple two-year countdown, and that the interplay between the basic limitation period, discoverability, and the ultimate limitation period requires careful legal analysis.
Why You Should Not Wait to Speak with a Personal Injury Lawyer
If you’ve been injured in a car accident, slip and fall, or other incident caused by someone else’s negligence, don’t assume you have plenty of time to act. Limitation periods can be complicated, and waiting too long can impact your right to pursue compensation.
GS Brar Law helps injured clients throughout Brampton and the Peel Region understand their legal rights and limitation deadlines. Contact our office today at 1-905-291-3297 to schedule a consultation and discuss your personal injury claim before it is too late.
Frequently Asked Questions
How long do I have to file a personal injury claim in Ontario?
In most cases, you will have two years from the date your claim is discovered to begin a personal injury lawsuit in Ontario. However, exceptions may apply, depending on the circumstances of your case.
Can I file a claim if I didn’t realize I was injured right away?
Possibly. Under Ontario’s discoverability rule, the limitation period may begin when you know, or reasonably should have known, that your injury was caused by someone else’s negligence. A lawyer can determine whether this rule applies to your situation.
What happens if I miss Ontario’s limitation period?
If the limitation period expires, the court may dismiss your claim, even if you’re dealing with serious injuries. This is why it’s important to speak with an Ontario personal injury lawyer as soon as possible after your accident.
This article is intended for general informational purposes only and does not constitute legal advice. If you have questions about a potential personal injury claim or limitation period, consult a qualified lawyer licensed to practice in Ontario as soon as possible.
