In Ontario the limitation period does not run while the injured person is under 18. It begins on their eighteenth birthday, which means a child injured at eight has until their twentieth birthday in most cases.
What the rule protects
A child cannot bring a claim on their own behalf and should not lose the right to bring one because the adults around them did not act. The suspension of the limitation period exists for that reason.
It is one of the few genuinely generous features of Ontario limitation law.
Why waiting is still the wrong choice
Evidence does not wait. Witnesses move, memories fade, security footage is overwritten within days, and the physical location of an incident is repaired or rebuilt.
A claim brought at 18 about something that happened at 8 is legally alive and evidentially very difficult.
Notice periods are a separate question
The suspension applies to the limitation period. Short notice requirements, such as those for municipal claims and for snow and ice, raise separate questions and should never be assumed to be suspended.
If a child was hurt on city property or on ice, treat the notice deadline as live and deal with it now.
Settlements involving children
A settlement for a minor generally requires court approval, and funds are usually held until the child reaches adulthood. This is a protection rather than an obstacle, but it does change how a settlement is structured and how long it takes.
Deadlines that apply to you
These are the dates that end claims. Check them first.
The limitation period does not run while the injured person is under 18. It starts on their eighteenth birthday.
Limitations Act, 2002, s. 6
In most Ontario claims you have two years from the day you knew, or ought to have known, that you had a claim.
Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4
Questions we get every week
Very likely not, because the limitation period does not run while they are under 18. Whether the evidence still supports the claim is the more pressing question.
Yes. A parent or guardian normally brings the claim on the child's behalf as litigation guardian.
Do not assume they do. Short notice requirements raise separate questions and should be dealt with immediately.
Where this applies
Slip and Fall
Slip and fall claims in Ontario carry notice deadlines far shorter than the usual two year limitation period.
Read moreMedical Malpractice
A poor medical outcome is not automatically negligence.
Read moreTraumatic Brain Injury
A traumatic brain injury can be severe and permanent while every scan comes back normal.
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