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Understanding Limitation Periods in Ontario Personal Injury Claims

Limitation Periods in Personal Injury Law

When it comes to personal injury claims, timing is everything.

You may have a strong case — but if you miss the applicable deadline, you may lose your right to compensation entirely.

The Basic Limitation Period

In Ontario, most personal injury claims must be started within:

👉 2 years from the date of injury

This applies to:

  • Car accidents 
  • Slip and falls 
  • General negligence claims 

What Is “Discoverability”?

The limitation period may start when you:

👉 Knew or should have known you had a claim

This is known as the discoverability principle.

Important Exceptions

Claims Involving Minors

Time limits may not begin until the minor turns 18.

Municipal Claims

If your injury involves municipal property:

👉 You may need to give notice within 10 days

Missing this can jeopardize your claim.

Disability or Incapacity

If a person is incapable of managing their affairs, limitation periods may be paused.

Why Limitation Periods Exist

They ensure:

  • Evidence is preserved 
  • Claims are brought promptly 
  • Legal certainty 

Common Mistakes

  • Waiting until recovery before acting 
  • Assuming deadlines are flexible 
  • Not seeking legal advice early 

Myth: I can wait until I feel better to start a claim.
Reality: Waiting can permanently eliminate your rights.

What Happens If You Miss the Deadline?

In most cases:

  • Your claim will be dismissed 
  • You lose the right to compensation 

FAQ

Can limitation periods be extended?
Only in limited circumstances.

Should I speak to a lawyer early?
Yes — early advice protects your rights.

Final Thoughts

Limitation periods are one of the most critical aspects of any personal injury claim.

If you were injured in Burlington, Hamilton, Oakville, Halton, or Mississauga, do not wait — contact Martin & Hillyer Associates as soon as possible.

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