Does Ontario's limitation period pause if the injured person is a child or has a disability?

Yes. Ontario's Limitations Act includes specific protections for people who cannot manage their own legal affairs. The limitation period does not run against a person while they are a minor (under 18) unless they have a litigation guardian who could have discovered the claim. Similarly, the limitation period is suspended while a person lacks the legal capacity to commence a proceeding — for example, due to a serious cognitive or mental health condition — unless they have a litigation guardian appointed.

Once the protected period ends — when the minor turns 18 or the person recovers or obtains a litigation guardian — the two-year period begins running. There is still the 15-year ultimate limitation period, so even these protections have an outer limit.

It is worth noting that the suspension applies to the specific claim of the incapable person, not to claims brought on their behalf by a litigation guardian who has capacity. If a capable litigation guardian was in place and could have discovered the claim, the regular limitation period may apply.

These rules interact in ways that can be fact-specific, and the consequences of missing a limitation period are severe. If a claim involves a child or a person with diminished capacity, getting legal advice early is especially important to preserve the claim.