Statute of Limitations in Ontario: Be in the Know


When you get injured in an accident, the statute of limitations in Ontario is probably the least of your concerns. You would most likely direct your focus towards the pain you are feeling and the emotional trauma you are experiencing. However, understanding the statute of limitations in Ontario is very important to your case. It is also essential to getting the compensation you deserve. If you wait too long, you can lose your rights to sue the person or persons who hurt you.


What is the Statute of Limitations?

The statute of limitations determines how long following an accident can you make a claim. When you have been involved in an accident, you only have a certain amount of time to sue. Once you pass that time, you are stripped off of your legal rights to sue.


This is outlined in the Ontario Limitations Act of 2002 and was regulated by the courts. If there are any issues with your specific case that you want to discuss further, you have to take it up with a judge. There are also other time limits to consider – applying for benefits or disability compensation. For example, for accident benefits, you have 30 days after the accident to apply. If you miss one of these other time limits, there is a possibility that your case be dismissed completely. Worse, you could also be ordered to pay legal costs for both sides.


The time limit for every province is different. If you are a resident in Ontario, it is important that you get to know the regulations and limitations for your specific personal injury claim.


Accidents in Ontario and the Statute of Limitations

For almost all personal injury cases, you have a 2-year statute of limitations, starting on the day the accident happened.


There are some cases wherein you might not know you are injured until sometime after the accident. In such cases, you have two years from the day you discovered the injury in which you wish to make your claim. There are also circumstances where the time limit is shorter because you still have to give notice to the opposing parties, but these are specific cases and they often depend on different circumstances.


Suing a municipality or a provincial government requires you to give them a certain amount of notice. For instance, this can happen if you get injured from a poorly maintained road, or if you slip on ice while on city property.  These time periods may vary, but they usually take about 10 days. It is important to double check as soon as you make the decision to make your claim. If you do not pay attention to this requirement, it could definitely affect your ability to make the claim at all.


It is of utmost importance that you understand the process so you can avoid making any crucial mistakes. When it comes to personal injury law, you do not want to procrastinate in any way possible.  For more legal assistance, contact us at 1.855.905.9222 for a free consultation.