Legal Blog

Limitation for when you can sue

Tuesday, October 30, 2007

If you have been injured in Ontario you have two years from the date of the incident to commence a legal proceeding. This right is given by way of Ontario law, specifically, the Limitation Act.

If the two years expire an individual loses his or her right to sue.

However, the law does allow for some concession. This concession has been referred to as the Discoverability rule. For example, if Bill is involved in a motor vehicle accident on January 1, 2007 his limitation to sue ends on January 1, 2009. However, if Bill discovers on February 1, 2009 that he has suffered an injury directly related to the accident the limitation would start from February 1, 2009 and expire two years later.

While Ontario courts do allow for the Discoverability rule to kick in it is always safe to preserve the limitation. As a result, it is very important you seek legal representation immediately if you have been involved in an accident.