Limitation Periods and Ontario Accident Cases

For most Ontario car accidents, slip and fall accidents, product liability accidents and other claims there is a basic two-year limitation period running from the day that the claim is discovered.  This means most people have two years in which to start a lawsuit. However, the limitation period is a legal question.  You should consult a lawyer to make sure you know the limitation period that applies to your Ontario accident case.

If you are close to, or beyond, the second anniversary of your accident, there may still be some hope for your claim.  However, you will want to speak with an Ontario injury lawyer immediately.

The Limitations Act, 2002 states that the limitation does not start running until the injured person knows, or ought to know with reasonable diligence,  of the facts underpinning the cause of action.  A personal injury lawyer can explain what that means to your case.

There is a rebuttable presumption that a claim is discovered on the day the act or omission on which the claim is based took place.  In other words, the court will assume that the time starts running when the accident happened.  However, you may be able to overcome this presumption depending on the facts of your case.  Get legal advice immediately if you need to rely on this section.

The Limitations Act, 2002 also suspends the running of the limitation period for incapable persons (like children or people who are intellectually challenged) and in cases of sexual assault.

Limitation periods are not the only time limits that apply to law suits and claims arising from accidents.  If you have a question about the deadlines that apply in your case, contact our personal injury law firm at 613 233-4529.

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

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