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:
    • 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.

 

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