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.