Limitation Periods in Ontario Personal Injury Law: The Deadlines That Can End Your Claim

The Two-Year Basic Limitation Period

Ontario’s Limitations Act, 2002 establishes a two-year limitation period for most civil claims, including personal injury tort actions. The clock starts running from the date the claim was discovered — when the claimant knew or reasonably ought to have known that an injury occurred, was caused by someone, and that a court proceeding would be appropriate.

The Discoverability Principle

Discoverability can delay the limitation start date. Where injuries develop gradually — certain brain injuries, progressive spinal conditions, psychological disorders — the discovery date may be later than the accident date. However, courts apply an objective standard: not when you actually knew, but when a reasonable person in your circumstances ought to have known. Never rely on discoverability as a safety net.

Accident Benefits: Separate Deadlines

Accident benefits disputes have their own framework. A claimant generally has two years from the insurer’s written refusal of a specific benefit to dispute it. The SABS also imposes application return deadlines (30 days), treatment plan timelines, and notice requirements. Missing any of these can forfeit rights entirely independently of the general limitation period.

Municipality Claims: The 10-Day Notice Rule

Claims against Ontario municipalities — for unsafe road conditions, defective sidewalks, winter maintenance failures — require written notice to the municipality within 10 days of the accident under the Municipal Act, 2001. While failure to give notice does not automatically bar the claim in all cases, it provides the municipality with a strong procedural defence and typically results in significant reduction in recoverable damages.

The 15-Year Ultimate Limitation Period

The Limitations Act establishes an absolute outer limit of 15 years from the date of the act or omission, regardless of discoverability. This rarely affects standard personal injury litigation but is relevant in cases involving latent conditions or historical exposure claims.