Know Your Limitations

If you have been injured as a result of the actions or omission of others, the clock is ticking.  In Ontario, the Limitations Act, 2002, sets out limitations on commencing a legal action for such things as slip and fall, car accident, medical malpractice and/or work-related injuries.

Generally speaking, in Ontario you have two (2) years from the cause of action to commence legal proceedings, subject to discoverability. Discoverability can be as early as the day of the act or omission which led to the potential claim. Discoverability can also be a later date upon which you knew or ought to have known about the injury, loss or damage. There are many variables involved in determining discoverability.

• As with most laws, there are exceptions to be aware of. The two (2) year limitation period does not apply to minors and/or individuals who do not have the capacity to make their own decisions. The limitation period is extended commensurate with the period of incapacity.

Further, there are other limitation periods and/or deadlines that you need to be aware of:

1) Any claim against a Municipality requires that you provide that Municipality with written notice within ten (10) days of the accident.

2) If your claim is against the Province of Ontario, you are also required to provide notice within ten (10) days of the accident with respect to your intention to bring an action. It is important to note that the Province of Ontario is generally responsible for all major highways.

The above notice must be specific in that it includes the time, date, location, and perhaps additional details with respect to the accident/incident. It is also important to remember that if someone is killed as a result of an accident, a wrongful death lawsuit must be commenced within two (2) from the date of the death.

Most civil cases also have a fifteen year absolute limitation period.

Limitation periods can be complex and confusing. Certainly there are additional deadlines that must be met with respect to commencing a legal action. The experts at Brown Beattie O’Donovan suggest that you do not delay in contacting a personal injury lawyer if you have been injured as a result of an accident to assist in determining all relevant limitation periods.

You may have a claim.

For more information about the statute of limitations in regards to legal action and claims, contact Brown Beattie O’Donovan. We’re here to help.