There Are Time Limits To All Claims

The law in Ontario places a number of rigid and unforgiving time restrictions on your right to pursue a claim. If you do not start a lawsuit within the time limit, it is possible that you will lose your right to pursue a claim.

The following time limits apply:

• Motor vehicle accident:
  • Notify your accident benefits insurer of the accident within 7 days of the accident.
  • Complete an Accident Benefits Application within 30 days of the accident.
  • Mediate and sue or arbitrate against the accident benefits insurer within 2 years of a denial of a benefit.
  • Give written notice to the at-fault driver within 120 days of the accident.
  • Sue at-fault driver within 2 years of the accident.
  • Loss or damage to vehicle – if not resolved, must sue within 1 year of the accident.
• Motor vehicle accident caused by slippery road or non-repair of the road:
  • Provincial Road – sue within 2 years of the accident.
  • Municipal Road – give written notice within 10 days of the accident; sue within 2 years of the accident.
• Fall on a municipal (city) sidewalk:
  • Give written notice within 10 days of the accident, if caused by snow or ice.
  • Sue within 2 years of the incident.
• An accident involving provincial streetcars or trains (GO Transit, etc.):
  • Sue within 2 years of the incident.
• Fall on provincial property:
  • Give written notice within 10 days of the incident.
  • Sue within 2 years of the incident.
• A lawsuit against the provincial government:
  • Give 60 days notice before suing.
  • Sue within 2 years of the incident.
• Accident and sickness insurance:
  • Check contract of insurance.
• Fatal accidents (death):
  • Generally, you must sue within 2 years of the accident (unless a shorter limitation period applies).
• Victims of assault:
  • Sue within 2 years of assault.
• Public authorities (OPP, municipal police, etc.):
  • Give written notice within 10 days of the accident.
  • Give 60 days notice before suing.
  • Sue within 2 years of the accident.
• Medical Malpractice:
  • Sue within 2 years from the time you knew or ought to have known of the facts giving rise to malpractice.