In personal-injury law, timing can be everything. A claim that is completely valid on its merits can be lost forever simply because it was started too late, or because a required notice was not given in time. These deadlines are unforgiving, and they are one of the most important reasons to get advice early rather than waiting to see how an injury develops.
The general two-year limitation period
The basic rule in Ontario is that a lawsuit for a personal injury must generally be started within two years. Often that period runs from the date of the accident, but the law also recognises "discoverability" — in some cases the clock starts when the injured person knew, or ought reasonably to have known, that they had a claim. Discoverability can matter where an injury or its seriousness only becomes apparent later, but it should not be relied on as a way to extend time without advice.
Shorter notice requirements
On top of the general limitation period, certain claims carry much shorter notice deadlines that come first:
- Claims against a municipality — for example, injuries caused by the state of a road or sidewalk — often require written notice within a short period after the incident, well before the two-year limitation runs out.
- Slip-and-fall injuries on snow or ice on someone's property have their own notice rule requiring written notice to the occupier or contractor within a defined, short window.
Failing to give a required notice on time can defeat a claim even though the two-year limitation period has not yet expired. These rules exist so that those responsible can investigate while conditions and evidence are fresh.
Special situations
Some circumstances change the analysis — for example, claims involving minors or people who lack capacity, where the running of time may be affected. But these are exceptions with their own rules, not a general safety net.
The practical message
- Assume the clock started at the time of the injury unless you have advice otherwise.
- Watch for short notice deadlines that apply to municipalities and to snow-and-ice claims.
- Get advice quickly, because preserving a claim often depends on early steps.
For education only. Deadlines vary by claim type and can be very short — get advice early rather than risking a missed limitation or notice period.
This article is general information for educational purposes only and is not legal advice. For advice on your situation, book a consultation.