How Long Do I Have to File an Injury Claim?
The Basic Rule: Two Years
In Ontario, the Limitations Act, 2002 generally gives you two years from the date you discovered (or ought to have discovered) your injury to start a lawsuit. This is known as the limitation period.
For most car accidents and slip-and-fall injuries, the clock starts ticking on the date of the incident. But in some cases (for example, if symptoms develop gradually) the start date may be later.
Exceptions and Shorter Deadlines
Some claims have shorter or different deadlines:
- Claims against municipalities: You must provide written notice within 10 days of a slip-and-fall on a municipal road or sidewalk, though courts sometimes allow late notice in certain circumstances.
- Motor vehicle accident benefits: You generally have 30 days to apply for statutory accident benefits from your own insurer, though late applications may be accepted.
- Claims against the provincial government: Special rules under the Proceedings Against the Crown Act may apply.
What Happens If You Miss the Deadline?
If you miss the limitation period, the court will almost certainly dismiss your claim. There are very limited exceptions, such as cases involving minors or individuals who lacked the mental capacity to start a claim, but these are rare.
Why You Shouldn't Wait
Even though you may have two years, there are good reasons to act quickly:
- Evidence deteriorates: Witnesses forget details, surveillance footage gets deleted, and physical evidence disappears.
- Medical records matter: A gap between your accident and your first medical visit can be used against you.
- Insurance companies move fast: The other side's insurer will start building their case immediately. You should too.
Not Sure If You're Still Within the Deadline?
If you think you may have a claim but aren't sure about the timeline, it's worth getting a professional opinion sooner rather than later. A quick consultation can clarify your options and help you avoid losing your right to compensation.
Learn more about how I handle motor vehicle accident claims and slip and fall claims in Ontario.
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Claim.ca is a free platform operated by Marty Mikhail, a lawyer licensed by the Law Society of Ontario. Legal services are provided by Lemonade Law™, Marty Mikhail's personal legal practice.