If you’ve been injured in Ontario, one of the most important things to understand right away is that personal injury claims are subject to strict time limits. Missing a deadline can prevent you from moving forward with your case — even if your injuries are legitimate and serious. 

In Ontario, most personal injury claims must be started within two years, but there are additional notice periods that are much shorter and can significantly impact your rights. The applicable deadlines depend on how and where the injury happened. 

Below is a clear breakdown of the major time limits for different types of personal injury claims in Ontario. 

 

General Limitation Period in Ontario 

For most civil claims, including personal injury claims, Ontario’s Limitations Act, 2002, sets out a two-year limitation period. This two-year clock usually begins on the date of injury or the date the injury was reasonably discoverable. 

There is also an ultimate limitation period of 15 years from the date of the incident, regardless of when the injury was discovered. This prevents very old claims from being brought forward. 

Special rules apply to individuals under 18: 

• The limitation period does not begin until the minor turns 18, unless a litigation guardian is appointed earlier. 

• This means many injured children effectively have until their 20th birthday to start a claim. 

While two years sounds like a long time, these claims take significant preparation. It’s always best to consult a lawyer and provide notice to the responsible party as soon as possible. 

 

Car Accident Claims 

If you are injured in a motor vehicle accident, there are two main types of time limits to be aware of: 

1. Two-Year Limitation Period for Lawsuits 

Under the Limitations Act, you typically have two years to start a lawsuit against an at-fault driver. 

1. Notice Deadlines for Accident Benefits 

Ontario’s Statutory Accident Benefits Schedule (SABS) requires you to notify your insurer within seven days of the accident, or as soon as reasonably possible. You must also complete a formal accident benefits application within 30 days of receiving the forms. 

Failing to meet these notice requirements can delay your benefits or complicate your claim. 

 

Slip and Fall Claims 

Slip and fall accidents have some of the most misunderstood — and most dangerous notice requirements in Ontario. The applicable notice period depends on where the fall occurred and what caused it. 

1. Falls on Municipal Property 

If you slip and fall on municipal property (such as a sidewalk or road), the Municipal Act, 2001, requires you to provide written notice to the municipality within 10 days of the accident.
Missing this 10-day deadline can bar your claim unless you can show a reasonable excuse and the municipality is not prejudiced. 

1. Falls on Private Property Due to Snow or Ice 

In accordance with the Occupiers’ Liability Act, slip and falls involving snow or ice on private property now require 60-day written notice to the property owner and any maintenance contractor. This notice must include the date, time, and location of the fall. 

1. Other Falls on Private Property 

If your slip and fall was not caused by snow or ice — such as a spill, defect, or poor lighting — there is no specific notice requirement, but the general two-year limitation period still applies. 

1. Falls Involving the Crown 

If you are pursuing a claim against a provincial or federal government entity, the Crown Liability and Proceedings Act, 2019, requires 10-day notice in many circumstances. 

Because slip and fall notice periods are so short, it is crucial to act quickly. 

 

Dog Bite and Dog Attack Claims 

Claims involving dog bites or attacks are governed primarily by Ontario’s Dog Owners’ Liability Act, 1990. This legislation does not impose a specific notice period. However, the standard two-year limitation period still applies, and early evidence collection (photos, veterinary records, witness information) is very important. 

 

Why Acting Quickly Matters 

Even when exceptions exist — such as discoverability rules or excuses for late notice —these arguments can be difficult to win. Waiting too long: 

• increases the risk of missing notice deadlines 

• allows evidence to disappear 

• weakens witness recollection 

• reduces your negotiating leverage 

The safest practice is to notify the appropriate party as soon as possible after an injury. If you are too injured to do so yourself, a family member or lawyer can assist. 

 

Final Thoughts 

Understanding the various limitation periods and notice requirements is essential for preserving your rights after an injury. Because these deadlines vary depending on the type of incident and who is responsible, speaking with a personal injury lawyer early on is the best way to ensure your claim remains protected. 

If you’ve been injured and are unsure of your deadlines, don’t wait — getting proper legal advice early can make all the difference. 

 

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BURKE DERBYSHIRE

 

Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.

Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.

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