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How Long Do You Have to Sue in Ontario? The Deadlines That Actually End Claims

Deadlines

Everyone knows about the two years. Almost nobody knows about the ten days, and the ten days is what ends claims.

THE SHORT ANSWER

The general limitation period in Ontario is two years. But separate written notice requirements can apply far sooner, including 60 days for snow and ice injuries and 10 days for a claim that a municipal road or sidewalk was not kept in repair.

The two year rule, and what it actually means

Two years is the general limitation period, and it runs from when you knew or ought to have known you had a claim. That is not always the date of the incident, though it usually is.

The point people miss is that this is the outer boundary for starting a lawsuit. It is not a period in which nothing else is required of you.

The notice periods that run first

Layered on top are short written notice requirements. They are not the same as the limitation period and satisfying one does not satisfy the other.

If a fall involved snow or ice, or happened on municipal property, the meaningful deadline is measured in days. This is where good claims are lost, usually while the injured person is still recovering.

When you genuinely cannot tell which applies

Falls near driveways, building frontages and the strip between a sidewalk and a road are routinely ambiguous. You often cannot tell from looking whose property you were on.

The safe course is to satisfy both. Giving notice under both rules costs nothing and preserves the claim while the question gets sorted out.

The exception for children

Where the injured person is a child, the limitation period does not run while they are under 18. It starts on their eighteenth birthday.

That does not make waiting a good idea. Evidence disappears at the same rate regardless of who is counting.

Deadlines that apply to you

These are the dates that end claims. Check them first.

2years

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

60days

If you were hurt by snow or ice, you must give written notice within 60 days, served personally or sent by registered mail, to an occupier of the property or to the contractor hired to clear it.

Occupiers' Liability Act, R.S.O. 1990, c. O.2, s. 6.1 · in force 2021-01-29

10days

If the injury happened on a municipal road or sidewalk and the claim is that it was not kept in repair, written notice must reach the municipality within 10 days.

Municipal Act, 2001, S.O. 2001, c. 25, s. 44(10)

7days

Tell your own auto insurer about the collision as soon as you reasonably can, and no later than seven days.

Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 32(1)

30days

Once the insurer sends you the application package, the completed application for accident benefits (the OCF-1) is due back within 30 days.

Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 32(5)

18years of age

The limitation period does not run while the injured person is under 18. It starts on their eighteenth birthday.

Limitations Act, 2002, s. 6

COMMON QUESTIONS

Questions we get every week

Usually, but the test is when you knew or ought to have known you had a claim. In cases where an injury or its cause emerges later, that date can be later.

Not necessarily. There are limited circumstances in which late notice can be excused, and they differ depending on which rule applies. It is worth asking rather than assuming.

Accident benefits have their own separate and much shorter deadlines, including notice to your own insurer and returning the application.

Written by

Shawn Sidhu, personal injury lawyer

Shawn Sidhu, Lawyer

Called to the bar in British Columbia, 2013

University of British Columbia · University of Birmingham

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