Personal Injury Claims – Time Limitations in Ontario

by | May 22, 2017 | Personal Injury

Personal Injury Claims – Time Limitations in Ontario

Ontario’s Limitations Act, 2002, gives you two years to begin legal action on a personal injury claim. Its provisions and exceptions are confusing, and amendments have been made over the years, but law firms in Hamilton assess your situation so an accident lawyer can help win your case.

Ontario’s Limitations Act

Whether you had a slip and fall, car accident, or workplace related injury, Ontario law sets limitations on starting legal action based on the amount of time since the incident took place. The Limitations Act, 2002 states that legal proceedings must begin within two years of claim’s discovery, which can be the day of the act or omission leading to the injury/loss/damage. It’s also the day you knew about the injury or should have known about it. The limitation period, however, does not apply to minors or individuals unable to pursue their claim due to a physical, mental, or psychological condition. The provisions of the Limitations Act can be confusing if you are unfamiliar with legal language, but a Hamilton personal injury lawyer can clarify any misunderstandings you have, and ensure your claim is made prior to any time limitations.

This two-year limitation applies, but is not limited to, suing a:

  • Physician
  • Surgeon
  • Dentist
  • Engineer
  • Architect
  • Municipality

If you’re suing the Provincial Crown, there’s a mandatory 60-day waiting period from when you give notice to when you can start a lawsuit.

There are numerous complexities with the law governing limitation periods. The type of injury, its severity, the cause, and a variety of other individual facts can affect how much time there is to give notice and pursue your claim. Our law firm is familiar with all these aspects, so consult a personal injury lawyer to get the most accurate information relevant to your case.

Time Limitations on Notice Periods

The Municipal Act, 2001 sets even tighter limitations on notice periods when the injury was caused by the act or omission of a municipality. Under the Municipal Act, 2001, an injured party must give notice of his or her injury to the responsible municipality within 10 days of the accident, so they can start investigating the claim. However, you’re not always bound by this limitation. If someone dies from their injuries, or if a judge decides there is no prejudice by notice not being given within 10 days, the injured person can be exempted from the rule.

Contact a Lawyer Regarding Time Limitations

If you want to make a personal injury claim, talk to our accident lawyers about time limitations and other matters that apply to your case. Mackesy Smye will ensure your personal injury lawyer meets all deadlines and legal considerations. Contact our Hamilton law firm for a free consultation and obtain all the information you need to get started.


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