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Ontario|Personal Injury / LawsuitsGeneral 465 Notice and Limitation periods
- Notice periods
In certain circumstances, you must give notice once you have suffered an injury to allow the opposite party an opportunity to immediately investigate your claims. Notice periods are usually very short. For example, before suing a municipality you must give notice within 7 days of your injury, and in the case of a claim against the Provincial Crown, the notice period ranges from 10 days of the injury to at least 60 days before the commencement of your action.
- Limitation periods
In addition to certain notice periods, there are limitation periods placed on how long you can wait before starting a lawsuit. Limitation periods will vary depending on the specific kind of injury or loss you have suffered. If you begin your lawsuit after the limitation period has expired, you may be prevented from suing and from obtaining compensation for your injury or loss.
- Common limitation periods
Limitation periods vary depending on things such as who caused the injury and how it was sustained. If you are suing a physician, surgeon, architect, engineer or dentist, the limitation period is normally one year from the date you knew or ought to have known about the injury.
If you are suing for compensation as a result of an injury or loss caused by a criminal act, the limitation period is also one year, although it may be extended with a judge's permission.
If you are suing for injuries sustained in a car accident or for slander or libel, the limitation period can range from 3 months to two years. If you are suing for an injury or loss caused by assault, battery or false imprisonment, the limitation period is normally four years. If you are suing for damaged property or personal injury caused by an accident other than motor vehicle accidents, the limitation period is normally six years from the date the damage or injury occurred, unless other special limitations apply. If you are suing for breach of contract, the limitation period is normally six years from the date the agreement was broken. The limitation period is also six years for most other general matters.
The law governing notice and limitation periods is complex and varies greatly depending on individual facts. Therefore, if you have suffered an injury or loss and are considering bringing a lawsuit, consult a lawyer as soon as possible to ensure that you do not miss any important deadlines.
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