Do I Have a Personal Injury Case? An Ontario Checklist

Most people who call us start the same way: "I'm not sure if I even have a case." It is the right question, and it has a surprisingly structured answer. Ontario personal injury law turns on four elements — and you can work through them yourself in about five minutes.

The Four-Part Test

Nearly every personal injury claim in Ontario requires all four of these:

1. Someone owed you a duty of care

A legal obligation to act reasonably toward you. This is usually the easiest element, because the law already recognises most of these relationships: every driver owes one to other road users; every property owner and occupier owes one to visitors under the Occupiers' Liability Act; doctors owe one to patients; dog owners owe one to the public.

2. They breached that duty

They fell below the standard of a reasonable person. Running a red light. Failing to salt an icy walkway. Missing an obvious diagnosis. Letting a known-aggressive dog off leash. Note that a breach does not require malice — ordinary carelessness is enough.

3. That breach caused your injury

Causation is where genuine cases most often get contested. The legal test is the "but for" test: but for their carelessness, would you have been hurt? This is where insurers fight hardest — especially where you had a prior injury to the same body part. Importantly, Ontario's "thin skull" principle means a defendant takes you as they find you: if their negligence aggravated a pre-existing condition, they remain responsible for the aggravation.

4. You suffered actual, provable losses

Pain and suffering, lost income, medical and rehabilitation costs, future care, and family claims. A near-miss with no injury is not a case, however careless the conduct.

Situations That Usually Do Give Rise to a Claim

• You were injured in a collision someone else caused — as a driver, passenger, pedestrian or cyclist
• You slipped on unsalted ice or an unmarked hazard on someone's property
• You were hurt at work by faulty equipment or a third-party contractor (a WSIB claim and possibly a civil one)
• You were bitten by a dog — Ontario imposes strict liability with no "one free bite" rule
• A treatment or diagnosis fell below the accepted medical standard
• Your long-term disability benefits were cut off while you were still unable to work

Five Myths That Stop Valid Claims

"I was partly at fault, so I can't claim." Wrong. Contributory negligence reduces damages proportionally — it does not eliminate them.

"I didn't go to hospital right away." A gap hurts, but it rarely ends a claim. Soft-tissue and concussion symptoms routinely peak 24–72 hours later.

"I don't want to sue my friend/neighbour/employer." You are claiming against an insurance policy that exists for exactly this — not against someone's savings.

"It's been over a year." The general limitation period is two years, and the discoverability rule can extend it. Call before assuming you are out of time.

"My injury isn't serious enough." This is the most expensive myth of all. Insurers count on people self-assessing out of valid claims.

Deadlines You Cannot Miss

• 2 years — general limitation period for most claims
• 10 days — written notice for a fall on municipal property
• 7 days / 30 days — Accident Benefits notice and application after a collision
• 6 months — to object to a WSIB decision
• Minors: the clock generally does not start until age 18

What Actually Determines Value

If you clear the four-part test, value turns on the quality of your medical documentation, your lost income, your future care needs, and whether your impairment is serious and permanent. Our 2026 settlement guide gives real ranges by injury type.

The Bottom Line

If you think you might have a case, you probably have enough to justify a free conversation. It costs nothing, takes about 20 minutes, and the worst outcome is an honest "no, this isn't worth pursuing" — which is itself valuable. Call (416) 252-9937 or reach Olga Kanevsky directly, in English, Russian or Ukrainian.