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Litigation

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

TSL Written by the Treadstone Law team· Updated June 2026

In Ontario, the general limitation period for personal injury claims is two years from the date you discovered your claim — meaning when you knew or ought to have known that you suffered an injury attributable to someone else's negligence or wrongdoing. This applies to most civil personal injury claims under the Limitations Act, 2002.

However, there are important exceptions. If the injury was caused by a municipality (for example, a fall on a city sidewalk), you must typically provide written notice of the claim to the municipality within a short period after the incident — the specific deadline is set out in the Municipal Act, 2001 or the City of Toronto Act, 2006, and missing it can bar your claim. Motor vehicle accident claims have additional considerations under Ontario's Insurance Act and the Statutory Accident Benefits Schedule.

The two-year period may be extended in limited circumstances: if the injured person was a minor at the time of the injury, the clock generally does not start running until they turn 18. If the person lacked the mental capacity to understand the claim, the limitation period may be suspended.

Because of these variations and the consequences of missing a deadline, anyone considering a personal injury claim should consult a lawyer as soon as possible after the injury.

Key takeaways

  • The general personal injury limitation period in Ontario is two years from discovery.
  • Municipal injury claims may require written notice within a much shorter period.
  • Minors and persons lacking capacity may have extended limitation periods.
  • Consult a lawyer promptly after any injury — deadlines can be hard to extend.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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