Personal Injury Deadlines in Ontario
Updated: Aug 26
Last updated: August 2026
If you have been injured in Ontario, you may have only days, not years, to take certain steps to protect your legal rights.
Most Ontario personal injury lawsuits must be started within two years from the date the claim was discovered. However, other personal injury deadlines in Ontario can arise much sooner, including:
7 days to notify an automobile insurer of an accident benefits claim;
10 days to notify a municipality about certain roadway or sidewalk claims;
30 days to submit an OCF-1 after receiving the accident benefits application package;
60 days to give notice of a winter slip-and-fall claim on private property; and
120 days to notify an at-fault driver or owner of an intended motor vehicle lawsuit.
Missing a notice period or limitation period can seriously affect—or completely prevent—an injured person’s claim. The correct deadline depends on what happened, where it happened, who may be responsible, and when the claim was legally “discovered.”
Ontario Personal Injury Deadlines at a Glance
Deadline | When it may apply |
7 days | Notice to an automobile insurer of an intention to apply for accident benefits, or as soon afterward as reasonably practicable |
10 days | Written notice for certain claims involving defective municipal roads, sidewalks or bridges |
10 days | Certain occupiers’ liability claims involving property controlled by a municipality/city |
30 days | Submission of a completed OCF-1 after receiving the accident benefits application forms |
60 days | Written notice of a snow- or ice-related injury on private property |
60 days before suing | Advance notice for many damages claims against the Ontario Crown |
120 days | Written notice to the at-fault driver or owner of an intended motor vehicle tort claim |
3 months | Certain elections between WSIB benefits and a lawsuit against a third party |
2 years | Basic limitation period for most Ontario personal injury lawsuits |
2 years after a denial | General deadline to dispute an accident benefit denial at the Licence Appeal Tribunal |
2 years after death | Certain claims brought by or against a deceased person’s estate |
15 years | Ontario’s ultimate limitation period, subject to important exceptions |
No limitation period | Civil claims based on sexual assault and certain other protected claims |
These deadlines are summarized for general information. The calculation and application of a deadline can change based on the specific facts.
What Is the Two-Year Limitation Period in Ontario?
Under section 4 of Ontario’s Limitations Act, 2002, most personal injury lawsuits must be started within two years from the day the claim was discovered.
In a straightforward accident claim, the date of discovery is often the date of the accident. For example, if someone is injured in a collision on September 1, 2026, the safest assumption will usually be that the lawsuit must be started no later than September 1, 2028.
What Does “Discoverability” Mean?
The two-year period does not always begin on the date of the accident. Section 5 of the Limitations Act applies the legal principle of discoverability.
Generally, a claim is discovered when the injured person knew, or a reasonable person in the same circumstances ought to have known, that:
An injury, loss or damage had occurred;
The injury was caused or contributed to by an act or omission;
The act or omission was committed by the person or organization against whom the claim may be made; and
A legal proceeding would be an appropriate way to seek a remedy.
Discoverability can be important in cases involving delayed diagnoses, medical negligence, exposure to harmful substances, an initially unidentified defendant or injuries that were not reasonably apparent at first.
However, discoverability is highly fact-specific. An injured person should never assume that the two-year period has been extended simply because the full severity of the injury was not immediately known.
Notice Periods and Limitation Periods Are Different
A notice period requires an injured person to inform a potential defendant or insurer about a claim. A limitation period establishes the deadline for starting a legal proceeding.
Some claims involve both.
For example, a person injured in a winter fall on private property may need to:
Give written notice within 60 days; and
Start the lawsuit within the applicable two-year limitation period.
Giving notice does not start the lawsuit, and starting the lawsuit does not necessarily correct an earlier failure to provide required notice.
What Are the Accident Benefits Deadlines After a Motor Vehicle Accident?
Ontario’s Statutory Accident Benefits Schedule establishes several important deadlines following a motor vehicle accident.
Notify the Automobile Insurer Within 7 Days
A person intending to apply for accident benefits should generally notify the appropriate automobile insurer within seven days after the circumstances giving rise to the claim, or as soon afterward as reasonably practicable.
Accident benefits may be available to injured drivers, passengers, pedestrians and cyclists, regardless of who caused the collision.
A late report does not always end the claim, but it can create a dispute about whether the delay was reasonably explained and whether the insurer’s ability to investigate was affected.
Submit the OCF-1 Within 30 Days
After receiving notice, the insurer should provide an accident benefits application package.
The injured person must generally submit a completed and signed Application for Accident Benefits (OCF-1) within 30 days after receiving the application forms. The 30-day period does not ordinarily begin on the date of the collision—it begins when the forms are received.
Section 34 of the Statutory Accident Benefits Schedule may excuse certain late applications where the applicant has a reasonable explanation. Nevertheless, the OCF-1 should be completed and returned promptly.
Dispute an Accident Benefit Denial Within 2 Years
If an automobile insurer refuses to pay a claimed benefit, an application to the Licence Appeal Tribunal generally must be started within two years after the insurer’s refusal.
Whether an insurer’s letter amounts to a valid denial capable of starting the limitation period can depend on its wording, the benefit involved and the surrounding circumstances. Do not ignore a denial letter, even if the insurer continues communicating or requesting medical information.
What Is the 120-Day Notice Period for a Motor Vehicle Lawsuit?
A person seeking damages from an at-fault driver or vehicle owner should provide written notice of the intention to commence a lawsuit within 120 days after the incident.
This requirement appears in section 258.3 of Ontario’s Insurance Act.
The 120-day notice is separate from the two-year limitation period. Missing the 120-day deadline does not necessarily prevent the lawsuit, but it can affect the recovery of pre-judgment interest and may be considered when the court awards costs. The legislation also permits a court to authorize a longer notice period in appropriate circumstances.
The safest approach is to serve the notice as early as possible while ensuring that the lawsuit itself is started before the applicable limitation period expires.
What Is the 10-Day Municipal Notice Period?
Ontario has a particularly short notice requirement for certain claims involving municipal roads, sidewalks and bridges. For more detailed information, click here to check out our blog post.
Under section 44 of the Municipal Act, 2001, an injured person generally must provide written notice to the municipal clerk within 10 days of the injury when claiming that a municipality failed to keep a highway or bridge in a reasonable state of repair. Similar provisions apply to Toronto under the City of Toronto Act, 2006.
This rule commonly arises in claims involving potholes, broken sidewalks, roadway defects and falls on municipally maintained sidewalks—including winter falls.
The 10-day requirement does not apply to every injury involving a municipality. Its application depends on the location, the alleged municipal duty and the legal basis of the claim.
A late or insufficient municipal notice may be excused if a judge finds that there was a reasonable excuse and the municipality was not prejudiced in defending the claim. There is also an exception where the injured person dies as a result of the injury. These exceptions should never be relied upon as a substitute for timely notice.
What Is the 60-Day Notice Period for Winter Slip-and-Fall Claims?
Under section 6.1 of Ontario’s Occupiers’ Liability Act, a person injured by snow or ice on private property must generally provide written notice within 60 days after the injury.
This deadline can apply to falls outside businesses, apartment buildings, condominiums, homes, shopping centres and other privately occupied properties.
The 60-day rule applies specifically to injuries caused by snow or ice. An ordinary slip or trip caused by a spill, broken flooring or another non-winter hazard will generally remain subject to the basic limitation period without this special 60-day notice requirement.
Failure to provide notice may be excused in certain circumstances.
What Is Ontario’s 15-Year Ultimate Limitation Period?
Ontario also has an ultimate limitation period.
Under section 15 of the Limitations Act, 2002, a proceeding generally cannot be commenced more than 15 years after the act or omission on which the claim is based, even if the claim was not discovered until later.
The ultimate limitation period prevents discoverability from postponing a claim indefinitely. However, the legislation contains important exceptions and special rules involving matters such as minors, incapacity, wilful concealment and claims for which no limitation period applies.
Is There a Limitation Period for a Sexual Assault Lawsuit?
Under section 16 of the Limitations Act, 2002, there is no limitation period for a civil proceeding based on sexual assault.
A survivor may therefore be able to commence a civil claim many years after the assault occurred. Ontario law also removes limitation periods for certain other claims involving sexual misconduct, intimate relationships, dependency and positions of trust or authority.
These rules relate to civil lawsuits for compensation. Criminal investigations and prosecutions are governed by different legal rules.
What Other Personal Injury Deadlines May Apply?
Claims Involving Children
The basic limitation period generally does not run against a minor while the minor is not represented by a litigation guardian in relation to the claim. Special statutory steps can affect when the limitation period begins.
Parents and guardians should still obtain advice immediately. Evidence can disappear, witnesses’ memories can fade, and short notice requirements may still have to be considered.
Claims Involving Incapacity
The limitation period may be suspended while a person is incapable of starting a proceeding because of a physical, mental or psychological condition and is not represented by a litigation guardian.
Legal incapacity is determined under a specific statutory test. It should not be assumed solely from the seriousness of the injury.
Claims Involving a Deceased Person’s Estate
Section 38 of Ontario’s Trustee Act generally provides a two-year period following death for certain causes of action brought by or against a deceased person’s estate.
Fatal injury cases may also include claims by family members under the Family Law Act. Because several limitation rules can overlap, legal advice should be obtained immediately following a fatal accident.
Workplace Injuries Involving a Third Party
When a workplace injury is caused by a person or company other than the injured worker’s employer or co-worker, the worker may have to choose between claiming WSIB benefits and bringing a lawsuit.
Under the Workplace Safety and Insurance Act, 1997, certain elections must generally be made within three months after the accident, or within three months after the date of death in a fatal case.
The WSIB system can also prohibit some lawsuits entirely, depending on the status of the worker, employer and proposed defendant.
What Should You Do Immediately After an Injury?
Regardless of the apparent limitation period, an injured person should take the following steps as soon as possible:
Obtain appropriate medical attention;
Report the incident to the property owner, insurer, municipality or other responsible organization;
Photograph or record the accident location and surrounding conditions;
Obtain the names and contact information of witnesses;
Preserve relevant footwear, equipment, photographs, videos and documents;
Request copies of incident reports and available surveillance footage;
Keep records of medical appointments, expenses and missed work; and
Obtain legal advice before a notice or limitation period expires.
Early investigation can be especially important in winter falls because snow and ice conditions can change within hours and surveillance footage may be deleted.
Frequently Asked Questions About Ontario Personal Injury Deadlines
How long do I have to sue for personal injury in Ontario?
Most Ontario personal injury lawsuits must be started within two years from the date the claim was discovered. Shorter notice periods may also apply.
Does discoverability always extend the two-year deadline?
No. Discoverability is fact-specific. In many accident cases, the claim is presumed to have been discovered on the date of the accident.
Do I have only 60 days to sue after a winter slip and fall?
No. The 60-day period is generally a notice requirement for snow- or ice-related injuries on private property. The lawsuit is still subject to a separate limitation period.
What happens if I miss the 10-day municipal notice period?
A late municipal notice may be excused if there was a reasonable excuse and the municipality was not prejudiced. The injured person should provide notice and obtain legal advice immediately rather than assuming the claim is lost.
Does negotiating with an insurance company stop the limitation period?
Generally, no. Ongoing negotiations, document exchanges or settlement discussions should not be assumed to stop a limitation period.
Can I bring a claim more than two years after an accident?
Possibly. Discoverability, minority, incapacity or another statutory exception may apply. The answer will depend on the facts and the legislation governing the claim.
Is there a limitation period for a civil sexual assault claim in Ontario?
No. Ontario’s Limitations Act provides that there is no limitation period for a civil proceeding based on sexual assault.
Speak With an Ontario Personal Injury Lawyer
Personal injury deadlines can be complicated, and some notice periods expire before an injured person realizes that they may have a claim.
DR Injury & Disability Law assists clients in Toronto, the GTA and communities throughout Ontario with motor vehicle accidents, accident benefits, slip-and-fall claims, municipal claims, serious injuries and other personal injury matters.
If you or a family member has been injured, contact us for a free consultation. We can review what happened, identify the applicable deadlines and explain your legal options.
Call: (416) 668-3944
Learn more: Ontario Personal Injury Expertise
Website: DR Injury & Disability Law
This article provides general information about Ontario law and is not legal advice. Limitation periods and notice requirements are fact-specific and may change. A lawyer-client relationship is not created unless confirmed in a written retainer agreement.
