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.
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 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.
Minors and limitation periods: If the injured person was under 18 at the time of the accident, the two-year period does not begin until their 18th birthday. However, there are good reasons to commence proceedings on behalf of a minor promptly to preserve evidence.
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 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.