How Long Do I Have to Sue?

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How Long Do I Have to Sue?
Limitation Periods in Ottawa and Across Ontario
for Personal injury Claims
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INTRODUCTION
If you have suffered an injury, loss or damage in
Ottawa or anywhere in Ontario due to someone
elses negligence?
If so,then you only have a limited period of time
to sue the person responsible for your loss. This
is called a limitation period.
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THINGS TO REMEMBER
If you start a lawsuit after the limitation
period expires, the court may dismiss the lawsuit
It is important to consult with a lawyer as soon
as you discover the injury, loss or damage.
However, it is useful to understand some of the
general rules regarding limitation periods.
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The Basic 2-Year Limitation Period

• In Ontario, there is a two-year basic limitation
  period to sue someone for injury, loss or damage
  that you sustained due to his/her act or omission
  or for breach of contract
• You have two years to start the litigation from
  the date that you discovered the claim or should
  have discovered the claim.

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• For example, in the case of a motor vehicle
  collision, you generally have two years from the
  date of the collision to start a lawsuit against
  the at-fault driver!
• Similarly, when your insurance company denies
  your long-term or short-term disability benefits,
  you have two years from the insurers first
  denial letter to start a lawsuit against your
  insurance company,you can hire a long term
  disability lawyer if needed!

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The two-year limitation period technically starts
from the date that you first knew or ought to
have known that

• The injury, loss or damage had occurred
• the injury, loss or damage was caused by or
  contributed to by the defendants act or omission
• A legal proceeding would be an appropriate means
  to seek a remedy.

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The 15-Year Limitation Period

• Ontario law also provides for an ultimate
  limitation period of 15 years in all civil cases
• It does not matter when you discovered the
  injury, loss or damage,but You cannot start a
  lawsuit if more than 15 years have passed since
  the act or omission that caused the same!

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Important Exceptions to these Limitation Periods

Despite these general rules, there are certain
exceptions that you must be aware of!
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Some exceptions serve to extend the limitation
period
There is no limitation period when suing someone
for a sexual assault or when you were in an
intimate relationship with him/her or were
dependent on him/her at the time of the assault
The limitation period in personal injury claims
is generally suspended when the claimant is a
minor or a person under disability, who is not
represented by a litigation guardian
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CONCLUSION

• If you think that you may have suffered an
  injury, loss or damage as a result of someone
  elses acts or omissions, it is important that
  you seek legal assistance as soon as possible!

• There are various other exceptions that must be
  considered when determining the applicable
  limitation period.

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THANKS
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RESOURCES

• https//www.sginjurylaw.ca/about/blog/general-cate
  gory/long-sue-limitation-periods-ottawa-across-ont
  ario/
• https//www.sginjurylaw.ca/long-term-disability-cl
  aims/