How Long After an Accident Can You Sue in Ontario?
- Mar 12
- 4 min read
In most Ontario personal injury cases, you have two years from the date of the accident to start a lawsuit. This deadline is called the limitation period under Ontario’s Limitations Act, 2002. However, some claims involve shorter notice requirements or additional deadlines depending on the circumstances.
By: Lane Foster, Personal Injury Lawyer
Updated March 12, 2026
People injured in accidents often focus on recovery and medical treatment, but it is also important to understand the legal deadline for starting a lawsuit. Ontario law places strict time limits on when a personal injury claim can be filed. Missing these deadlines can prevent an injured person from pursuing compensation.
Key Takeaways
• Most personal injury lawsuits in Ontario must be started within two years
• The two-year deadline comes from the Limitations Act, 2002
• Some claims involve shorter notice periods, such as municipal claims
• Motor vehicle accident claims also involve accident benefits deadlines
• Accident victims should act early so that evidence can be preserved
Quick Summary of Personal Injury Deadlines in Ontario
Legal Deadline | Time Limit |
Lawsuit for personal injury | 2 years |
Notice for municipal claims | 10 days |
Notify insurer after car accident | 7 days |
Submit OCF-1 accident benefits application | 30 days after receiving form |
What is the time limit to file a personal injury claim in Ontario?
Short answer: In most cases, a personal injury lawsuit in Ontario must be started within two years of the accident or injury.
This deadline comes from Ontario’s Limitations Act, 2002. If a lawsuit is not started within the limitation period, the claim may be permanently barred.
The two-year limitation period applies to many types of personal injury claims, including:
• car accidents
• slip and fall accidents
• dog bites
• assaults
What is the limitation period for personal injury in Ontario?
Short answer: The limitation period is generally two years from the date of the accident.
Ontario law requires most civil claims to be started within two years. If a lawsuit is not issued before the limitation period expires, the defendant may rely on the limitation period as a complete defence.
Even a strong personal injury case may be dismissed if it is started too late.
When does the two-year limitation period start?
Short answer: The limitation period usually begins on the date the injury occurred, but sometimes it begins when the injury is discovered.
Ontario law recognizes the discoverability principle. The limitation period may begin when a person knew or reasonably should have known:
• they suffered an injury
• the injury was caused by another person
• a lawsuit would be an appropriate remedy
Are there exceptions to the limitation period?
Short answer: Yes. Certain circumstances can extend or suspend the limitation period.
Examples include:
Claims involving minors
If the injured person is under 18, the limitation period usually does not begin until they reach adulthood unless a litigation guardian is appointed earlier.
Mental incapacity
If a person cannot manage their legal affairs because of a medical condition, the limitation period may be suspended until capacity is regained.
Claims against municipalities
Personal injury claims against municipalities often require written notice within 10 days under Ontario’s Municipal Act.
What happens if you miss the limitation deadline?
Short answer: If the limitation period expires before a lawsuit is started, the court may dismiss the claim.
Defendants can rely on the limitation period as a complete defence. If the court determines the claim was started after the deadline, the injured person may lose the right to pursue compensation entirely.
Most people don’t think about legal deadlines immediately after an accident. However, waiting too long can create serious problems for a potential claim.
Does the limitation period apply to car accident claims in Ontario?
Short answer: Yes. Most motor vehicle accident lawsuits must also be started within two years.
However, Ontario car accident claims often involve two separate legal timelines:
• deadlines for accident benefits claims
• the two-year limitation period for lawsuits
Motor vehicle cases may also involve the serious injury threshold and statutory deductibles affecting certain damages.
Are there deadlines for accident benefits claims in Ontario?
Short answer: Yes. Accident benefits claims have separate deadlines from lawsuits.
In most cases, injured individuals must notify their insurer within seven days after a car accident, or as soon as reasonably possible.
After the insurer is notified, the insurer will provide an Application for Accident Benefits (OCF-1) form. Once received, the OCF-1 should generally be completed and returned within 30 days.
Motor vehicle accident claims can be confusing because they involve more than one set of deadlines. These deadlines apply to accident benefits claims and are separate from the deadline for starting a lawsuit.
The value of a claim can depend on factors such as the severity of the injury and typical car accident settlement amounts in Ontario.
Why acting early after an accident is important
Even though Ontario law generally allows two years to start a lawsuit, waiting too long can make it harder to prove a claim. Evidence may disappear, witnesses may become difficult to locate, and medical documentation may be harder to obtain.
For that reason, personal injury claims are often investigated soon after an accident so that evidence can be preserved and legal deadlines are not missed.
The information above is intended as general information about limitation periods in Ontario personal injury claims and should not be taken as legal advice. Because limitation rules can vary depending on the facts of a case, individuals should consider obtaining legal advice about their specific situation from an Ontario personal injury lawyer. Further reading