How Long Do You Have to File a Personal Injury Claim in Ontario? Limitation Periods Explained
The single most painful conversation we have at our Barrie office is with an injury victim who waited too long. The Ontario Limitations Act sets strict deadlines for filing personal injury lawsuits — and once they pass, no court will hear the case. Whether you were hurt in a car accident in Wasaga Beach, slipped on ice in Collingwood, or were injured at work in Orillia, the time you have to act is shorter than most people think. As the personal injury lawyer Barrie residents come to first, this is what every accident victim in Simcoe County needs to know.
The General Rule: Two Years
Under Ontario’s Limitations Act, 2002, most personal injury claims must be filed within two years of the date you knew (or reasonably ought to have known) you had a claim. That clock usually starts on the date of the accident.
“Filed” does not mean settled. It means a Statement of Claim has been issued by the court. If you wait until the 23rd month to call a lawyer, you have made the entire process much harder than it needs to be — investigations take time, medical records take time, and your file deserves more than four weeks of preparation.
When the Clock Actually Starts: Discoverability
The two-year clock does not always start on the day of the accident. The legal concept is “discoverability.” The limitation period begins on the day you knew (or ought to have known) all of the following:
- That an injury, loss or damage had occurred
- That it was caused by an act or omission
- That the act was that of a specific person
- That a lawsuit would be an appropriate remedy
For most car accidents, all four are obvious on day one. For delayed-onset injuries — concussions, chronic pain syndromes, surgical errors discovered months later — discoverability can extend the clock. But you cannot rely on this without good legal advice. The default assumption every defence lawyer makes is that the clock started on the day of the accident.
Shorter Deadlines That Can Catch You
Notice Letters to Municipalities — 10 Days
If you slipped on a sidewalk or were injured because of a road condition in Barrie, Wasaga Beach, Collingwood, Orillia or Midland, you have only 10 days to send written notice to the municipality. Miss this deadline and your claim against the municipality can be completely barred — even if you are still within the two-year window for everyone else.
Crown Liability — 60 Days for Notice
Claims against the Province of Ontario require written notice within 60 days of the injury.
Statutory Accident Benefits — Days, Not Years
Ontario SABS claims have their own much tighter timelines:
- 7 days — notice to your insurer
- 30 days — return the OCF-1 Application for Accident Benefits
- 104 weeks — most income replacement and medical/rehabilitation benefits
Long-Term Disability — Watch the Policy
If your injury qualifies for LTD through a workplace policy, the limitation period can begin running from the date your benefits are denied — not the date of injury. Some policies impose contractual limits as short as one year.
What About Minors?
If the injured person is under 18 at the time of the accident, the two-year clock generally does not start until they turn 18 — meaning the claim can be filed any time before they turn 20. There are exceptions for litigation guardians and certain claims, so do not assume.
What About People With Mental Incapacity?
If the injured person is unable to bring a claim because of a mental incapacity caused by the accident itself (a brain injury, for example), the limitation clock can be paused until a litigation guardian is appointed. The exception is narrow and fact-specific.
The Three Cases Where Time Hurts You Most
1. The “Minor” Crash That Got Worse
You felt sore after a rear-ender on Highway 26, the insurer paid for your physio for a few months, and you assumed it was done. Two years later you are dealing with chronic pain, depression and lost income. If you did not preserve the right to sue before the two years expired, you cannot now.
2. The Slip and Fall Outside a Store
Premises liability claims against private occupiers still fall under the two-year general rule. But if the slip happened on a municipal sidewalk or municipal parking lot, the 10-day notice deadline can override everything. We see clients lose strong claims because they did not write to the municipality in time.
3. The Long-Term Disability Denial
Your LTD insurer pays for two years, then cuts you off saying you can return to “any occupation.” Many policies require legal action within a tight window from the denial date — sometimes one year. Wait too long and the claim is done regardless of how disabled you actually are.
What You Should Do Right Now If You Were Injured
- Note the exact date and time of the injury.
- Document the cause — photos, witness names, written notes.
- Get medical attention and tell the doctor exactly how and when you were injured.
- Notify your auto insurer within 7 days for motor vehicle claims.
- Send a notice letter to the municipality within 10 days for sidewalk or road claims.
- Talk to a personal injury lawyer before signing anything, accepting any settlement, or giving a recorded statement.
Why Acting Early Strengthens Your Case
The earlier you involve a personal injury lawyer, the stronger the file gets. Early steps that pay off later:
- Preserving surveillance footage before it is overwritten (most systems loop after 7–30 days)
- Locking down witness statements while memories are fresh
- Getting the right medical specialists on your file from week one
- Avoiding insurer requests that are designed to limit your eventual claim
- Pacing the medical investigation so the full extent of injuries is documented
How Kahler Law Firm Helps Injury Victims Across Simcoe County
Our personal injury practice covers car accidents, slip and falls, dog bites, workplace injuries, long-term disability denials and serious orthopedic injuries. We are the personal injury lawyer Wasaga Beach, Collingwood, Orillia and Barrie clients call when they need someone who knows the local courts, the local roads, and the local medical providers.
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Free Case Review — No Fees Unless We Win
If you or someone you love was injured and you are not sure how much time is left to act, do not guess. Contact Kahler Law Firm for a free, no-obligation consultation. We work on contingency — there is no fee unless we recover compensation for you. Reach our team here or call our Barrie office today.
