Broadly stated, the statute of limitations in Ontario is a law that sets a time limit for people to file claims in personal injury cases. But there’s much more to it than that. Even so, everyone should know the basics of the statute, the different time limits, the common exceptions to the law, and general guidelines for filing claims as soon as possible.
Is it ever too late to sue? The answer to that question is a resounding “yes.” The Limitations Act constrains plaintiffs with regard to the time period during which they can file a claim.
The key thing to remember is that while the statute of limitations in Ontario includes general parameters, there are multiple exceptions and other factors that will impact any final decision of award made by a court (or whether an award will be made at all).
Statute of Limitations in Ontario: The Basics
In most cases, plaintiffs have up to two years to file an injury claim. The statute’s two-year limit is based on the idea that injured parties know they were injured at the time of the incident. It also assumes you, the plaintiff, know who was responsible for your injury. These seem like self-evident facts but they are often in dispute.
The Limitations Act refers to injuries caused not just by “acts” but also by “omissions,” such as a property owner failing to remove ice from a walkway. In general, claims made more than two years after the incident can be denied a hearing.
What the Different Time Limits Are
The Ontario statute of limitations sets forth a general time limit of two years but also a maximum limit of 15 years. Even when exceptions exist for legal reasons, some of which can extend the two-year limit, the law imposes a maximum filing period of 15 years.
The time limits can be condensed into three general categories:
- The standard two-year period
- The maximum 15-year limit
- The law’s allowance of setting the beginning of the “two-year clock” from the time a “reasonable person” would have discovered the injury and understood who caused it
What the Statute Does
The “Limitations Act of 2002” was written for several reasons:
- To make sure the law is fair to both plaintiffs and defendants
- To allow for the proper and reasonable preservation of evidence
- To give witnesses for both sides a reasonable chance to recall details of what they saw or heard
Exceptions Within the Statute
Like most laws and regulations, there are dozens of exceptions to the statute of limitations in Ontario.
A few of the key points of exception include the following:
- When the victim is a minor, there can be reasons for extending the limitation time period
- If the injured party is unable to file a claim, courts can extend the statutory filing time
- Sexual assault victims are often given exemption from the time limitations for many reasons
Only a trained lawyer can help a client navigate through the complex determinations that must be make in situations like these. There’s much more to the Ontario statute of limitations than simply making sure you file within the statute period. It takes a trained eye to help clarify who the responsible party is, what a reasonable award amount is and what evidence can be brought to bear in the court room.
