How long do I have to sue for a personal injury in Ontario?

The standard limitation period for personal injury claims in Ontario is two years from the date of discovery under the Limitations Act, 2002. For most accident-related injuries, discovery happens on or close to the date of the accident — you know you were hurt, you know what happened, and you know who was responsible. In those cases, the two-year clock effectively begins on the accident date.

In some personal injury cases, discovery is delayed. For example, a latent injury or illness (like mesothelioma from asbestos exposure) may not manifest for years after the exposure. In those cases, the limitation period begins when you knew or ought to have known the connection between your illness and the defendant's conduct, subject to the 15-year ultimate limitation period.

Some personal injury contexts have additional procedural rules. Motor vehicle accident claims in Ontario involve the Insurance Act and the Statutory Accident Benefits Schedule (SABS), which have their own notice and claim-filing deadlines that operate separately from the general limitation period under the Limitations Act. Similarly, claims against municipalities require written notice within the period specified by the Municipal Act. Personal injury claimants should speak with a lawyer promptly after an accident to ensure all applicable deadlines — including notice requirements — are identified and met.