Statute Of Limitations In Personal Injury Claims

In Ontario, the Limitations Act establishes both a basic limitation period and an ultimate limitation period for filing personal injury claims.

1. Basic Limitation Period: Injury victims generally have two years from the date they discover they have a claim to issue that claim with the Court. This two year period starts when they first become aware of key facts, like that an injury occurred and that it was caused by someone else's negligence or intentional act.
2. Ultimate Limitation Period: Regardless of when the claim is discovered, there is an ultimate limitation period of 15 years from the date of the injury to file a claim. This means that even if someone discovers their injury after many years, they still have up to 15 years from the date of the injury to initiate legal proceedings. It is exceptionally rare that a claim would be allowed to proceed after this amount of time has passed.

It is safe to assume that most personal injury claims must be filed within two years of the date of injury. A common exception is for injuries caused by motor vehicle collisions. The Insurance Act  requires that a person sustain a "permanent" injury and therefore it can be argued that the claim wasn't discoverable until enough time had passed to determine whether the injuries were permanent.

What If I did not know I had a claim?

Under the Limitations Act  in Ontario, there are provisions that extend the basic limitation period for filing personal injury claims if the claimant was not immediately aware of their right to bring a claim at the time of the incident. This is referred to as discoverability. The limitation period starts from the date the person discovers, or ought to have discovered, that they had the right to bring a claim as a result of the incident. This involves discovering:

The clock on the limitation period doesn't necessarily start ticking from the date of the accident if the injury or its cause wasn't immediately apparent. Instead, it begins when the injured party becomes aware of certain key facts related to their claim. This provision allows individuals who discover their right to make a claim later to still pursue legal action within a reasonable timeframe.

Are there Shorter Deadlines?

While individuals typically have two years to file a personal injury claim in Ontario, there are exceptions that require notice to be given much earlier. If injuries occur due to snow or ice maintenance or disrepair on municipal sidewalks the injured person needs to give notice of their claim to the municipality within 10 days of the incident or they may be barred from bringing a claim.  If an injury occurs because of snow or ice on private or commercial property notice must be given within 60 days. It is important for individuals injured under such circumstances to be aware of and comply with these notice requirements to protect their legal rights effectively. As with the Limitation Act  there are exceptions to these rules as well.

Other Exceptions

In Ontario, while most limitation periods are strict, there are exceptions that provide flexibility in certain circumstances:

1. Minors: If the injured person is a minor (under the age of 18) the two year limitation period does not begin to run until the minor reaches the age of 18. This allows minors to reach adulthood before having to make a decision whether to pursue a claim or not. A minor is certainly able to commence a claim earlier if they have a litigation guardian in place.
2. Mental Incapacity: If the injured person is mentally incapable of filing a claim due to a physical or psychological condition, and they are not represented by a litigation guardian, the limitation period does not start running. This ensures that individuals who are unable to manage their own legal affairs due to their condition to have the opportunity to pursue their claims at a later date when they are capable or represented.
3. Sexual Assault: All claims for damages related to sexual assault are protected from this time limit. This exemption recognizes the sensitive and often complex nature of such claims and that victims need to be able to come forward in their own time.

Conclusion

To avoid exceeding the Limitation period, it's advisable to engage a lawyer promptly. Experienced personal injury lawyers, like those at Sorbara Law, understand the essential components for a successful claim and can assist you by gathering evidence,  submitting notices and applications,  and  filing lawsuits.

By seeking legal representation early, you ensure that all necessary steps are taken promptly and correctly, minimizing the risk of missing deadlines and losing the opportunity to pursue your personal injury claim. Even if you think you may have missed your time to bring a claim it is important to seek legal advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.