Limitation periods for personal injury actions are governed by the Limitations Act in Ontario. Generally speaking, there is a two year limitation to commence most personal injury actions.

For example, if a person is injured in a motor vehicle accident, they generally have two years from the day of the accident to commence an action.

However, the limitation period for some types of personal injury actions is shorter. Many municipalities, including the City of Toronto, enforce a very short notice period after an injury occurs on municipal or city property. According to the City of Toronto Act, in the City of Toronto, an injured person must provide notice to the City within 10 days of their accident. A plaintiff who commences an action against the City without serving notice within 10 days may have their claim dismissed. Book a consultation with a personal injury lawyer to understand your situation and limitations.

There are some other exceptions to the general two year limitation period for commencing a personal injury action. According to the Limitations Act, the limitation period does not run while a person is a minor if they are unrepresented. In addition, the limitation period for a person who is incapacitated after receiving their injuries may only start running after they become capable of commencing an action.

It is important to note that aside from the limitation periods imposed by the Limitations Act and other municipal acts, insurance companies may also have strict deadlines for claims under their policies. An injured person should inform their insurance company within one week of an accident. Additionally, an accident benefits application should be completed and returned to an insurance company within one month after it is received by the insured.