A person who has been injured may spend months focused on treatment, recovery and getting back to work before thinking seriously about a legal claim. The problem is that personal injury claims are subject to deadlines, and some of those deadlines can arrive sooner than people expect.
Ontario’s limitation rules are often summarized as a two-year deadline. That is a useful starting point, but it is not the whole story. The date a claim is legally ‘discovered,’ the type of accident and the identity of the potential defendant can all affect the analysis.
Under Ontario’s Limitations Act, 2002, a court proceeding generally cannot be started more than two years after the day the claim was discovered, unless another rule applies. In many straightforward accident cases, the date of the incident will be an important reference point.
However, the legislation does not simply say ‘two years from the accident.’ The concept of discovery matters because the law looks at when the injured person knew, or reasonably ought to have known, the key facts necessary to pursue a claim and that a legal proceeding would be an appropriate way to seek a remedy.
In general terms, a claim is discovered when the person knows that an injury, loss or damage occurred; that it was caused or contributed to by an act or omission; who was responsible for that act or omission; and that a proceeding would be an appropriate way to seek a remedy.
That can become important when an injury is not immediately apparent, when the seriousness of a condition develops over time or when the identity of a responsible party is unclear. Discoverability is fact-specific, so it should not be treated as an automatic extension of time.
A limitation period and a notice period are not the same thing. A person may still have time to start a lawsuit but face a much earlier deadline to give formal notice.
A significant example is a slip and fall involving snow or ice. Ontario’s Occupiers’ Liability Act generally requires written notice within 60 days of the injury for certain claims, subject to statutory exceptions. The notice must include specified information about the incident.
Other types of claims may involve different procedural requirements. This is why relying on the phrase ‘I have two years’ can create risk.
The Limitations Act contains special provisions affecting minors and people who are incapable of starting a proceeding because of a physical, mental or psychological condition. Whether time is suspended depends on the statutory requirements and the person’s circumstances, including whether a litigation guardian is involved.
A claim can become harder to investigate long before a limitation period expires. Surveillance footage may be overwritten, a hazardous condition may be repaired, witnesses may be difficult to locate and memories may fade. Delayed medical assessment can also leave gaps in the record.
The safest approach is to identify the potential claim and obtain advice early enough to confirm which limitation and notice rules apply. A missed deadline can have serious consequences, and determining the correct date after the fact can be much more difficult than addressing it at the beginning.
This article is general information about Ontario law and is not legal advice. Limitation and notice periods depend on the facts and the type of claim.
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