In three sentences. Under Ontario's Limitations Act, 2002, a lawsuit usually has to be started within two years of the day the claim was "discovered". Apart from that, a separate 15-year outer limit can apply however late the injury came to light, and the clock can be paused for minors and for people who cannot start a case. Accident benefits from your own insurer run on different time rules, so one date on the calendar is rarely the whole picture.
A limitation period is a legal deadline for starting a court case. In Ontario, the limitation period for a personal injury claim is generally set by the Limitations Act, 2002, though other laws can add their own time limits. If the deadline passes before a court case is started, a court case generally cannot be started on that claim afterward.
This page is general information, not a deadline calculation for anyone's situation. How the rules apply to particular facts is something a lawyer has to confirm.
What is the limitation period for personal injury in Ontario?
Section 4 of the Act sets the basic rule: no court proceeding may be started once the second anniversary of the discovery date has passed, unless the Act says otherwise.
The clock starts on the discovery date, which has its own test (see below). The rule is about starting a court case, not about sending a demand letter. The Act lists some proceedings it does not cover (section 2(1)), such as judicial reviews and proceedings under the Provincial Offences Act.
When does the two-year clock start? Discoverability explained
Under section 5, the discovery date is whichever of two days comes first.
- The day the person actually knew four things: that the injury or loss had occurred, that something the other party did or failed to do contributed to it, that this conduct belonged to the party being blamed, and that suing would be a fitting way to get a remedy for harm of that type.
- The day a reasonable person with that person's abilities and in their circumstances first ought to have known those same things.
Section 5 also sets a starting assumption. Unless the opposite is proved, the law assumes that these matters were known on the date the conduct took place. In a typical collision, that makes the accident date the natural starting point. A later discovery date is something a person has to be able to prove, and a court decides it on the facts.
Because the test turns on knowledge, it is fact-specific. Cases where the full extent of an injury became clear later can raise this question, and the answer depends on the facts.
What can pause or extend the limitation period?
The Act sets out several situations where the clock does not run, or where a deadline can be changed.
| Situation | What the Act says | Section |
|---|---|---|
| The injured person is a minor | The two-year period is paused while the injured person is a minor with no litigation guardian for the claim. | s. 6 |
| The injured person is incapable of starting a case | The period is suspended for any time when a physical, mental or psychological condition makes the person unable to commence a proceeding and no litigation guardian has been appointed. The law assumes capacity unless the opposite is proved. | s. 7 |
| An incapacity pause ends with little time left | If the period has less than six months to run when a pause under section 7 (incapacity) ends, it is extended to six months after that day. | s. 7(3) |
| The parties agree to an independent third party to help resolve the claim | The period does not run from the date of that agreement until the claim is resolved, the process ends, or a party withdraws. | s. 11 |
| An agreement to suspend or extend | Parties can agree to pause or lengthen the basic period, if the agreement was made on or after October 19, 2006. | s. 22(3) |
A pause depends on there being no litigation guardian, and a potential defendant can ask a court to appoint one (section 9(2)). So a pause should not be assumed to last indefinitely.
What is the 15-year ultimate limitation period?
Section 15 adds an outer limit. Even where the two-year period has not run out, no proceeding can be started after the 15th anniversary of the day the act or omission behind the claim took place.
The 15-year clock has its own pauses. It stops while the injured person is a minor or incapable and has no litigation guardian. It also stops while the other side wilfully conceals that an injury occurred, that an act or omission caused it, or that the act or omission was theirs, or wilfully misleads the injured person about whether suing is an appropriate way to remedy the harm. The person relying on one of these pauses has the burden of proving it.
Are there injury claims with no limitation period?
Yes, in a narrow set of cases. Section 16(1) says there is no limitation period for a proceeding based on a sexual assault, and lists other categories, including some assault claims where the person was a minor or in an intimate or dependent relationship. Whether a claim fits is a legal question for individual advice.
Do accident benefits and other deadlines follow the same rule?
Not necessarily. The Limitations Act says it does not affect time limits that another Act extends, suspends or varies (section 20). Accident benefits under the Statutory Accident Benefits Schedule (SABS) are a clear example, because they have their own timetable. The table compares them with the lawsuit rule.
| Step | Time rule | Where |
|---|---|---|
| Notify the insurer of an intention to apply for benefits | Within seven days of the triggering circumstances, or as soon as practicable after that | SABS s. 32(1) |
| Return the signed application | Within 30 days of getting the forms from the insurer | SABS s. 32(5) |
| Start a Licence Appeal Tribunal application about a refused benefit | Within two years of the insurer refusing to pay what was claimed | SABS s. 56 |
| Start a court case against a person who caused the harm | Generally two years from discovery, with the 15-year outer limit | Limitations Act, ss. 4, 5, 15 |
These are different clocks with different start dates. More detail is in our guide to Ontario accident benefits. Late notice without a reasonable explanation can let the insurer delay its decision and payment (SABS s. 32(10)).
Other claims, such as those against a public body, may carry notice requirements in other statutes. This page does not state them; a lawyer can confirm whether any apply.
Can another defendant be added after the deadline?
Under section 21(1), once the time for suing a particular person has run out, that person cannot be brought into a lawsuit that is already underway. Correcting a misnamed party is treated differently (section 21(2)). The answer for any given person turns on the specific facts and should be confirmed with a lawyer.
What is a notice of possible claim?
Section 14 allows someone who may face a claim to give the other person a written "notice of possible claim". A court may consider that the notice was served when it decides when the other person's limitation period began to run. That effect is limited for minors and incapable persons without a litigation guardian (section 14(4)). A notice is not an admission that the claim is valid (section 14(6)).
When it is worth talking to a lawyer
People commonly seek advice at points like these:
- The accident was close to two years ago, or the exact discovery date is unclear.
- An injury turned out to be more serious than first understood, or a diagnosis came late.
- The injured person is a child, or is unable to manage legal affairs because of the injury.
- An insurer has refused to pay a benefit that was claimed, since the SABS time limit for a Tribunal application is counted from the refusal.
- A letter that looks like a notice of possible claim, or a document from a court, has arrived.
- More than one party may be responsible and the dates may need checking for each.
- Someone has been asked to sign an agreement about time limits.
Because the facts decide which rule applies, the dates should be confirmed with a lawyer immediately. Related background is in the accident benefits guide and the page on being partly at fault.
What to gather
- The accident date and anything that fixes it (police report, photos)
- The date of each doctor visit and diagnosis, with medical records
- All insurer letters, including any denial or reduction of benefits
- Any letter or court document from the other side
- Any agreement signed about time limits or settlement
Frequently asked questions
What is the limitation period for a personal injury claim in Ontario?
The Limitations Act, 2002 sets a basic period of two years from the day the claim was discovered. A 15-year outer limit also applies. The dates that govern a given case turn on its specific facts and should be confirmed with a lawyer.
Does the two years start on the date of the accident?
The Act assumes the relevant matters were known on the date of the conduct unless the opposite is proved (section 5(2)). So the accident date is often the starting point, but the actual test is discovery.
Does the limitation period stop for a child injured in an accident?
Under the Act, the two-year period is paused while the injured person is a minor with no litigation guardian for the claim. Once that changes, the period can begin to run, and a lawyer can confirm the dates.
Is the deadline for accident benefits the same as for a lawsuit?
No. Under the SABS, notice to the insurer and the application have short deadlines, and a Tribunal application over a refused benefit has its own two-year limit counted from the refusal. The lawsuit period is counted differently.
Can the limitation period be extended by agreement?
Section 22(3) permits an agreement to pause or lengthen the basic period if it was made on or after October 19, 2006. Whether an agreement is effective depends on its terms.
What happens if the limitation period has already passed?
The Act provides that a proceeding generally cannot be commenced after the relevant period ends (sections 4 and 15). Whether a pause or a later discovery date applies turns on the specific facts and should be confirmed with a lawyer right away.
Questions a lawyer would typically look at
- What date the claim was discovered and what evidence supports it
- Whether the injured person was a minor or incapable, and whether a litigation guardian was ever in place
- Which separate deadlines apply, such as notice to the insurer or a Tribunal application after a refusal
Good to know: Write down the accident date, the date of each diagnosis and the date of every insurer letter, and keep the documents together.
Sources named in this article
- Limitations Act, 2002
- Statutory Accident Benefits Schedule
Statutes, regulations and decisions change. Read the current official text before relying on anything here. This is not a complete list of every source behind the article.
Read the primary sources: Ontario e-Laws · CanLII
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