How Long Do You Have to File a Personal Injury Claim in Ontario?

When an accident happens, the physical pain is only part of the challenge. The financial burden, emotional stress, and uncertainty about legal rights can make the situation overwhelming. In Ontario, strict rules govern how long you have to file a personal injury claim. Missing these deadlines could mean losing your right to compensation entirely. If you are in Toronto or anywhere else in Ontario, understanding the timelines and legal requirements is the first step toward protecting your future.

This guide explains the limitation periods for personal injury claims in Ontario, including car accidents, slip and falls, municipal claims, and exceptions for minors or incapacitated individuals. Whether you are in Toronto’s busy downtown core, the surrounding GTA, or elsewhere in the province, knowing your deadlines is crucial.

The Basic Two-Year Limitation Period in Ontario

Under the Limitations Act, 2002, the general rule is that you have two years to start a personal injury claim. The countdown begins on the date you knew, or reasonably should have known, that you were injured and that the injury was caused by someone else’s negligence.

This is called the discoverability principle. For example, if you are in a Toronto car accident and suffer immediate injuries, the two-year period starts right away. However, if an injury such as a concussion or chronic pain develops weeks or months later, the clock may not start until you discover or should have discovered that you were harmed.

The 15-Year Ultimate Limitation Period

While the discoverability rule provides some flexibility, Ontario law also places an ultimate limitation period of 15 years from the date of the incident. This means that no matter when the injury is discovered, a lawsuit cannot be filed more than 15 years after the event. This rule ensures that legal disputes are not delayed indefinitely, even in cases where injuries take years to surface.

Special Deadlines That Apply in Ontario

In addition to the two-year general limitation period, certain claims in Ontario have shorter notice requirements or unique rules. Failing to meet these requirements can result in your case being dismissed, even if the two-year limit has not expired.

Motor Vehicle Accidents in Toronto and Ontario

Car accidents are among the most common personal injury claims in Ontario. If you are involved in a crash in Toronto or elsewhere in the province, multiple deadlines apply:

• 7 days: You must notify your insurance company about the accident.
• 30 days: You must submit your accident benefits application.
• 120 days: You must give written notice to the at-fault driver if you intend to pursue a lawsuit. Even if notice is late, the court may still allow the claim to proceed, although your entitlement to interest and costs could be reduced.
• 2 years: You must file the actual lawsuit in court.

Municipal Claims: Sidewalks and Roads

If your injury happens on public property owned by a municipality, such as a poorly maintained sidewalk in Toronto, you must provide written notice within 10 days of the accident. This requirement is designed to give municipalities time to investigate. Courts may allow late notice if you have a reasonable excuse and the municipality is not prejudiced, but it is always safest to act quickly.

Slip and Fall on Snow or Ice

If you are injured due to snow or ice on private or commercial property, you are required to provide written notice within 60 days of the accident. In Toronto, where winter conditions create many slip and fall hazards, this rule is particularly important.

Exceptions to the Limitation Period in Ontario

Ontario law recognizes that some situations require flexibility. The following exceptions may extend or suspend the standard two-year rule:

Minors

For individuals under 18, the two-year limitation period does not begin until their 18th birthday, unless a litigation guardian has been appointed. This gives children the opportunity to pursue claims once they reach adulthood.

Mental Incapacity

If a person is mentally incapacitated at the time of injury, the limitation period does not begin until capacity is regained or a litigation guardian is appointed. This ensures that vulnerable individuals are not denied access to justice.

Why Acting Quickly Matters in Toronto and Ontario

Even if the law provides up to two years to file a personal injury claim, waiting too long can weaken your case. Evidence may be lost, surveillance footage may be erased, and witnesses may forget details. In Toronto, where accidents often occur in busy public areas, timely action ensures that your lawyer can gather the strongest possible evidence.

Delays also create unnecessary stress. Knowing that your legal rights are secure allows you to focus on recovery rather than worrying about missed deadlines.

Common Misconceptions About Personal Injury Deadlines

Many people assume that the limitation period starts only from the date of the accident, but this is not always true. The discoverability rule means that the clock may start later if injuries are not immediately obvious. For instance, someone in Ontario who develops post-traumatic stress disorder months after a car accident may still have time to file.

Another misconception is that insurance deadlines and court deadlines are the same. In reality, insurance requirements such as the 7-day and 30-day rules for motor vehicle accidents are separate from the two-year limitation period. Missing an insurance deadline can limit your benefits even if you still have time to sue.

Personal Injury Claim Deadlines at a Glance

Here is a summary of the most important deadlines for Ontario residents:

• Standard personal injury claims: 2 years from discovery of injury
• Ultimate limitation: 15 years from the date of the incident
• Car accident: 7 days to notify insurer, 30 days to apply for benefits, 120 days to give notice to sue, 2 years to file lawsuit
• Municipal claims: 10 days to provide notice
• Slip and fall (snow or ice): 60 days to provide notice
• Minors: Period begins at 18 or when a guardian is appointed
• Mental incapacity: Period begins upon regaining capacity or appointment of a guardian

The Role of a Toronto Personal Injury Lawyer

Navigating Ontario’s legal system can be complex, especially when strict timelines apply. An experienced Toronto personal injury lawyer ensures that every notice, form, and filing is completed within the required timeframe. At Mayfair Law Group, clients benefit from:

• Detailed knowledge of the Limitations Act Ontario and related statutes
• Local experience with Toronto courts and insurance companies
• Guidance on meeting both legal and insurance deadlines
• A client-focused approach that prioritizes recovery while protecting legal rights

Final Thoughts: Protecting Your Right to Compensation

In Ontario, deadlines for personal injury claims are strict and unforgiving. Whether you are dealing with a car accident in Toronto, a slip and fall on icy property, or an injury involving municipal negligence, the time limits vary and can be very short. Acting quickly is the best way to protect your right to fair compensation.

By consulting with a lawyer early, you gain the advantage of professional guidance, timely filings, and strong representation. Missing a limitation period can mean losing your right to recover damages, but with the right support, you can avoid costly mistakes.

Contact Mayfair Law Group Today

If you or a loved one has been injured in Toronto or anywhere in Ontario, do not wait until it is too late. The deadlines for personal injury claims can be confusing, and even a small delay can cost you your case.

Contact Mayfair Law Group today for a free, no-obligation consultation. Our experienced lawyers will review your case, explain your options, and ensure that your claim is filed properly and on time. Protect your rights and secure your future by speaking with a trusted Toronto personal injury lawyer now.

CONTACT MAYFAIR LAW GROUP