If you’re thinking about suing for negligence in Ontario, you may wonder if it’s too late or if there is still time. This is not unusual, as you may not have realized you potentially had a case for negligence until some time after an incident. Or you’ve been busy trying to manage the devastating consequences of negligence and are just now exploring your legal options.
This blog will explain the limitation periods for negligence in Ontario. There are actually different limitation periods based on the type of negligence involved. And there are a few types of negligence that have no limitation periods.
You’ll want to understand how the process works for your unique situation. It’s also good to know how a lawyer in the Toronto area can assist you and why it’s wise not to delay taking action if you believe you should sue for negligence.
What’s a Limitation Period — and Why Should You Care?
A limitation period for negligence claims is the deadline for pursuing a legal claim in court. These limitation periods vary in length depending on the kind of negligence for which you are suing.
Below, we explain these different limitation periods according to Ontario law, as well as conditions when no limitation period applies. You’ll want to read through each of these to understand the likely time frame you are dealing with in your case.
The Basic 2-Year Limitation Period
Most personal injury and negligence cases have a basic two-year limitation period in Ontario. That means you have 2 years or 24 months to initiate a claim.
However, this isn’t always as short a time limit as it may first appear. The 2-year limitation starts from discoverability. What’s that? That’s when you first knew or should have known you were the victim of negligence.
For example, say your doctor was negligent in providing care for you and you suffered a long-term disability as a result. You may have initially thought that your disability was simply part of the risk of being treated for your condition. But 18 months later, you learned from another doctor that your disability was not a normal risk during care and that the first doctor was negligent. In this case, the clock for the 2-year limitation may start with this discovery, not at the time your disability began.
The hypothetical scenario above would be considered professional negligence. Professional negligence includes:
• Medical malpractice
• Legal professional negligence
• Financial and accountancy negligence
• Architectural and construction negligence
• Engineering negligence
• Real estate negligence
• Educational negligence
• IT professional negligence
Other types of negligence that typically fall within the 2-year limitation period in Ontario include:
• Personal injury claims from accidents
• Disputes over personal property damage
• Product liability claims
The 15-Year Ultimate Limitation Period
You might be thinking, “Aren’t there situations where negligence was clearly present, but it’s not reasonable to expect it to be discovered quickly? Can the limitation period be extended?”
This is why there is also a 15-year limitation period in Ontario. This is sometimes known as an ultimate limitation period. Fifteen years is the absolute (final) deadline for pursuing legal action. No matter when you discover negligence, you are not allowed to sue more than 15 years after it happened, even if harm was discovered late.
For instance, you may have purchased a new home where the foundation was improperly installed. The contractor was negligent in following the required building code. But you didn’t discover this until you had been living there for 10 years and decided to remodel. Your renovator uncovered the faulty foundation construction, giving you 5 years to take legal action under the 15-year limitation period.
It’s important to speak with a lawyer about these kinds of cases. You want to be sure which limitation period applies to your situation so you know what kind of time constraints you are working against.
No Limitation Periods
Some legal matters are so serious that they do not have any limitation period for suing for negligence. This is often because the victim has incurred significant harm and may not feel comfortable or safe coming forward.
Or the conditions surrounding the negligence made it impossible to pursue legal action. This is the case with war crimes and crimes against humanity. Other cases that have no limitation period include:
• Sexual assault (including involving a person in a position of authority)
• Sexual misconduct when the victim was a minor at the time
• Some types of domestic abuse
• Abuse that was ongoing and carried out for a long time
For example, you may have been sexually assaulted by a sports coach 20 years ago. Because the person who assaulted you was a well-known adult and you were a minor, you were afraid to say anything. You didn’t think anyone would believe you, and you worried that it would jeopardize your athletic career. You may still pursue legal action today, as this type of case does not have a limitation period in Ontario.
Don’t Wait — Talk to a Lawyer Sooner Than Later
Delaying legal advice could mean losing vital evidence or forgetting key details — including your own memories. The sooner you speak to a lawyer, the better your chances of building a strong case.
Ontario’s strict limitation periods can restrict your ability to sue, so early action is essential. Speaking with an experienced professional negligence lawyer can help protect your rights and clarify your legal options.
With over 35 years of experience, Toronto lawyer Allan Rouben is ready to guide you through the next steps.