Limitation Periods and Notice Deadlines
If you are injured in an accident in Ontario, you generally have two years from the date you discovered your claim to start a lawsuit. Often that is the accident date, but not always.
That is not the only deadline. Depending on how the injury happened, written notice can be required much sooner: 10 days for certain municipal road, sidewalk, provincial highway, and Crown property claims, 60 days for certain snow and ice injuries and generally before suing the Crown, and 120 days for motor vehicle injury claims. Notice is not the same as starting a lawsuit. Missing some notice deadlines does not end the claim, but missing others can.
Disclaimer: This article reflects general legal information based on Ontario law and is not legal advice. Every case is unique, and you should consult a qualified lawyer about your specific situation.
Key Facts
- Most Ontario injury lawsuits must be started within two years of discovering the claim, not automatically from the accident date.
- Certain municipal road, sidewalk, and bridge claims require written notice within 10 days.
- Certain snow or ice injuries require written notice within 60 days to an occupier or winter-maintenance contractor.
- Motor vehicle injury claims generally require 120-day notice, but missing it does not automatically end the lawsuit.
- Ontario also generally has a 15-year ultimate limitation period, which can cut off a claim even if it was discovered late.
- Claims against the Crown generally require 60 days' written notice before suing, but certain claims involving the Crown's duty respecting property require notice within 10 days of the event. A proceeding brought without notice is void as to that claim.
- Giving notice to an insurer, municipality, or occupier does not start a lawsuit. Notice requirements and court limitation periods are separate.
How Long Do You Generally Have to Sue After an Accident in Ontario?
Ontario's Two-Year Basic Limitation Period
Under section 4 of the Limitations Act, 2002, a lawsuit generally cannot be started after the second anniversary of the day the claim was discovered. In a straightforward car accident or slip and fall, the accident date and the discovery date are often the same, but the legal test is discovery.
What Does It Mean for a Claim to Be Discovered?
A claim is discovered when you knew, or reasonably ought to have known, that you were injured, that the injury was caused or contributed to by an act or omission, that the act or omission was attributable to the person you may sue, and that a lawsuit is an appropriate way to seek a remedy. The law assumes you knew on the date of the act or omission unless you prove otherwise.
Is the Accident Date Always the Starting Date?
No. A later discovery date can apply where the connection between the injury, the wrongful act, or the responsible person could not reasonably have been known earlier. Do not wait for a final diagnosis. Get advice before relying on a later date.
Why Can Your Real Deadline Be Much Earlier Than Two Years?
Several notice requirements can apply long before the two-year court deadline. A notice rule is not the filing deadline. It gets the defendant early facts to investigate.
Municipal Roads and Sidewalks: The 10-Day Notice Rule
If a claim falls under a municipality's duty to keep a highway or bridge in a reasonable state of repair, the Municipal Act, 2001 generally requires written notice within 10 days after the injury, including the date, time, and location. Toronto has a parallel rule under the City of Toronto Act, 2006. Not every injury on municipal property is governed by this provision. For snow or ice on a sidewalk, a municipality is generally liable only for gross negligence.
What If the 10-Day Municipal Notice Is Late?
Missing the 10 days can seriously affect a claim, but it does not automatically end it. A judge can excuse late or insufficient notice where there was a reasonable excuse and the municipality was not prejudiced. Courts assess this exception case by case. Give notice quickly and get any late notice reviewed. Late notice is also not a bar where the injured person died as a result of the injury.
Snow and Ice Injuries: The 60-Day Notice Rule
Section 6.1 of the Occupiers' Liability Act generally requires written notice within 60 days after the injury for a covered personal injury claim caused by snow or ice against an occupier or certain snow or ice contractors. This is not a universal slip-and-fall deadline, and it does not apply to a municipality as occupier of a public highway or road. The 10-day municipal rule covers those claims. A fall caused by broken flooring, a spill, or poor lighting can involve a different analysis. The Act also allows exceptions where there is a reasonable excuse and no prejudice to the defendant.
Provincial Highways and Crown Claims Can Have Their Own Rules
The Public Transportation and Highway Improvement Act includes a 10-day notice requirement for certain highway non-repair claims. The Crown Liability and Proceedings Act, 2019 generally requires 60 days' written notice before a claim against the Crown, and a proceeding brought without it is a nullity as to that claim. Certain claims based on the Crown's duty as owner or occupier of property require notice within 10 days of the event. If a provincial road or government defendant is involved, identify the responsible public body and the statutory basis for the claim immediately.
What Is the 120-Day Notice After a Car Accident?
Section 258.3 of Ontario's Insurance Act applies to bodily injury or death actions arising from the use or operation of an automobile. Among other pre-action conditions, including applying for accident benefits, a plaintiff generally must serve written notice of the intention to commence the action on the defendant within 120 days after the incident, unless a court authorizes a longer period. That does not mean you only have 120 days to sue. The ordinary limitation analysis remains separate.
Does Missing the 120-Day Notice Mean You Cannot Sue?
Not automatically. The Insurance Act allows the action to proceed despite non-compliance, although the court must consider it when awarding costs, and no prejudgment interest is awarded for the period before notice was served. A court may also authorize a longer notice period, even after the 120 days have passed. Prompt notice is still the safer course.
For broader help with the lawsuit side of an accident claim, see our Personal Injury Lawyers in Toronto & GTA page.
Are Accident Benefit Deadlines Different From the Lawsuit Deadline?
Yes. Someone injured in a motor vehicle accident can have a Statutory Accident Benefits Schedule (SABS) claim through the insurance system and a separate tort claim against an at-fault person. Reporting a benefits claim does not automatically preserve the lawsuit deadline, and starting a lawsuit does not automatically satisfy every SABS requirement.
Applying for Accident Benefits
A person intending to claim benefits generally must notify the insurer within seven days after the circumstances giving rise to the entitlement, or as soon as practicable afterward. The completed and signed application is generally due within 30 days after receiving the application forms, not 30 days after the accident. SABS also provides that missing a Part VIII time limit does not disentitle a person to a benefit where there is a reasonable explanation.
Disputing a Denied Accident Benefit
An application to the Licence Appeal Tribunal concerning a benefit generally must be commenced within two years after the insurer's refusal to pay the amount claimed. The timing and legal sufficiency of the refusal can matter, and Ontario appellate decisions such as Tomec v Economical Mutual Insurance Company, 2019 ONCA 882 and The Personal Insurance Company v Tagoe, 2024 ONCA 894 confirm that discoverability can matter, for example where entitlement to a benefit arises after an early denial. The Tribunal can also extend the two-year period in some circumstances under section 7 of the Licence Appeal Tribunal Act, 1999, but that discretion is not automatic.
For the benefit rules, July 2026 changes, application process, and LAT disputes, see our Ontario Accident Benefits (SABS) Explained guide.
Can the Two-Year Limitation Period Be Delayed or Suspended?
Minors
The basic limitation period does not run while the claimant is a minor and is not represented by a litigation guardian for the claim. Do not assume a child has until age 20 to sue. A litigation guardian and special notice rules can change the result.
Incapacity
The period also does not run while a claimant is incapable of commencing a proceeding because of a physical, mental, or psychological condition and is not represented by a litigation guardian. The Act presumes capacity, and a serious injury or distress does not automatically establish legal incapacity.
Settlement Discussions Do Not Automatically Stop the Clock
Negotiations with an insurer do not automatically suspend the limitation period. The Act has specific suspension rules, including for an agreed process involving an independent third party, but ordinary settlement discussions should not be relied on as an extension.
What Is the Difference Between the Two-Year and 15-Year Limitation Periods?
The two-year period is discovery-based. The 15-year ultimate limitation period is an outside boundary tied to the underlying act or omission. Under section 15 of the Limitations Act, 2002, a proceeding generally cannot be commenced after the 15th anniversary of the day the act or omission took place, even if the two-year period has not yet expired. The 15-year period does not run in certain circumstances involving minority, incapacity, and wilful concealment or misleading conduct.
What If You Think You Already Missed a Deadline?
Do not assume every missed date has the same consequence. Missing the court limitation period is different from missing a statutory notice deadline, and the 120-day notice has different consequences again. Do not count on an exception. If a deadline is approaching or may have passed, the key questions are what happened, where, who may be responsible, when the claim was discovered, what notices have been sent, and whether any proceeding has actually been started.
Ontario Accident Deadline Summary
| Deadline | When It May Apply | What It Is |
|---|---|---|
| Two years from discovery | Most Ontario personal injury civil claims | Basic limitation period |
| 10 days | Certain municipal road, sidewalk, bridge, or provincial-highway claims | Statutory notice requirement |
| 60 days | Covered personal injuries caused by snow or ice | Statutory notice requirement |
| 60 days | Claims for damages against the Crown (10 days for certain property claims) | Notice before suit; a proceeding without it is a nullity |
| 120 days | Bodily injury or death action arising from use or operation of an automobile | Pre-action notice requirement |
| 30 days after receiving forms | Completed SABS application | Accident-benefit application deadline |
| Two years after refusal | Dispute concerning a denied SABS benefit | Tribunal limitation period, subject to the applicable law |
| 15 years | Many civil claims | Ultimate limitation period with statutory periods when it does not run |
How Sanctuary Lawyers Can Help
A limitation review starts with the type of claim, the date and location of the incident, who may be responsible, and any notices or insurance decisions already received. We identify which court, notice, insurance, or tribunal deadlines may be running, preserve the record of notices sent, and make sure the claim is properly started against the correct defendants. Where a deadline has apparently passed, we review discoverability, reasonable excuse, prejudice, minority, incapacity, and the legal sufficiency of any insurer refusal before assuming the claim is barred.
Sanctuary Lawyers handles personal injury claims on a contingency-fee basis. Our Personal Injury Lawyers in Toronto & GTA page explains the current consultation and fee model.
Frequently Asked Questions About Ontario Accident Deadlines
Here are answers to some of the most common questions we hear from clients about accident deadlines and personal injury claims in Ontario.
How long after an accident can you sue in Ontario?+
Ontario's basic limitation period is generally two years from the day the claim was discovered. In many accidents that will be the accident date, but discoverability and special statutory rules can change the analysis.
Is the limitation period always two years from the accident?+
No. The basic rule runs from discovery, and shorter notice requirements or special limitation provisions can apply. There is also a 15-year ultimate limitation period for many civil claims.
Can I sue after two years have passed?+
Possibly, but only if the applicable limitation period has not legally expired. Discoverability, minority, incapacity, and statutory late-notice provisions can change the result.
What happens if I miss the 120-day notice after a car accident?+
It does not automatically prevent the lawsuit. The court must consider non-compliance when awarding costs, no prejudgment interest is awarded for the period before notice, and a court can authorize a longer notice period.
How long do I have to notify a municipality after a road or sidewalk injury?+
For a claim within Ontario's municipal highway-repair provisions, written notice is generally required within 10 days. Late notice can sometimes be saved where the reasonable-excuse and no-prejudice test is met.
What is Ontario's 60-day slip-and-fall rule?+
It applies to specified personal injury claims caused by snow or ice against an occupier or certain snow and ice contractors. It is not a universal deadline for every slip and fall.
Does reporting an accident to my insurer protect my right to sue?+
Not by itself. Insurance notice, a SABS application, statutory notice, and starting a court proceeding are separate legal steps, and more than one deadline can run at the same time.
Get Legal Guidance About Your Limitation Period
If you were injured in an accident and are unsure how much time remains, a lawyer can review the dates, the responsible parties, and any notice requirements that apply. Contact Sanctuary Lawyers for a free initial consultation, or see our Personal Injury Lawyers in Toronto & GTA page.
