How Long Do I Have to File a Personal Injury Claim in Ontario?
The general limitation period to issue a claim is two years. However, there are some exceptions to this and there are some mandatory notice requirements which are different than issuing a claim. Some of them are short even as short as 10days such as given notice to a municipality for a slip and fall on a sidewalk. In a case where a person could not discover a claim until a later time because they had no reasonable way of knowing that they had a claim, the limitation period may be extended.
Take for instance, where a person only discovers four years later that their doctor had misread imaging that if read properly would’ve diagnosed cancer. In such a case the limitation period would not start to run until the patient discovered the medical error. Another important exception are minors and people who are mentally incapable. Such persons may also be afforded an extension of their limitation period. Limitation periods can be complicated, so It’s important to promptly consult with a lawyer. If you have a potential claim, to avoid missing an important deadline that may prevent you from moving forward with a lawsuit