If you’ve been injured in an incident caused by someone else’s negligence, one of the most important questions is this: How much time do I have to take legal action?
In Ontario, strict deadlines apply to personal injury claims. Miss them, and you may lose your right to compensation entirely, even if your case is strong.
Here’s what you need to know.
The Basic Rule: Two Years
In most personal injury cases in Ontario, you have two years from the date of the accident to start a lawsuit.
This two-year period is set out in Ontario’s Limitations Act, 2002. It applies to many types of claims, including:
- • Car accidents
- • Slip and fall injuries
- • Pedestrian accidents
- • Bicycle collisions
- • Assault-related injury claims
- • General negligence case
The clock usually starts running on the date the injury occurred, but there are important exceptions.
Car Accidents: Notice Deadlines Come First
If you were injured in a motor vehicle accident in Ontario, there are additional time limits before you even think about a lawsuit.
1. Accident Benefits Application – 30 Days
You must notify your insurance company within 7 days of the accident (or as soon as reasonably possible). You then have 30 days to submit a completed Application for Accident Benefits.
Accident benefits cover things like:
- • Medical treatment
- • Income replacement
- • Rehabilitation
- • Attendant care
Missing this deadline can complicate your claim.
2. Lawsuit for Pain and Suffering – Two Years
If you are pursuing compensation from the at-fault driver for pain and suffering or other losses not covered by accident benefits, the standard two-year limitation period applies.
Slip and Fall Claims Against a Municipality: 10-Day Notice
If your injury happened because of snow or ice on municipal property, such as a sidewalk maintained by the City of Ottawa, the rules are different. You must provide written notice within 10 days of the incident.
Failing to give notice can jeopardize your claim, although courts may allow exceptions in certain circumstances.
If the fall occurred on private property (like a store or apartment building), the usual two-year limitation typically applies.
What If You Didn’t Know You Were Seriously Injured Right Away?
Sometimes injuries aren’t obvious at first.
Under Ontario law, the limitation period may begin when you discovered the injury, meaning when you knew (or reasonably should have known):
- • You were injured
- • The injury was caused by someone else
- • A lawsuit may be an appropriate way to seek compensation
- This is called the “discoverability” principle. However, courts apply this carefully. It’s not something you want to rely on without legal advice.
Injured Children: Different Rules Apply
If the injured person is under 18, the two-year limitation period usually does not begin until they turn 18.
There are exceptions, especially if a litigation guardian is involved. It’s best to speak with a lawyer early to understand how the timeline applies.
Claims Against the Government
If your injury involves a provincial or federal government entity, special notice requirements may apply, often within 10 days or 60 days, depending on the circumstances.
These cases are deadline-sensitive and should be reviewed quickly.
What Happens If You Miss the Deadline?
If the limitation period expires, the defendant can bring a motion to dismiss the claim.
In most cases, the court will not allow the lawsuit to proceed. That means no compensation, regardless of how serious your injuries are.
Why You Shouldn’t Wait
Even though you may technically have two years, waiting can hurt your case: evidence can disappear, witness memories fade, surveillance footage gets erased and insurance companies start building their file immediately.
Speaking with a personal injury lawyer early helps you:
- • Preserve evidence
- • Meet insurance deadlines
- • Understand your rights
- • Avoid costly mistakes
Not Sure How Much Time You Have?
Every case is different. If you were injured in Ottawa or anywhere in Ontario and aren’t sure about your deadline, getting clear advice now can protect your claim. The earlier you understand your timeline, the more options you’ll have.
Reach out to our personal injury team, we’re here to guide you through every step of the legal process.