How Long Do I Have to Sue After a Car Accident in Ontario?

Under Ontario's Limitations Act, 2002, you have exactly two years from the date of your car accident to file a personal injury lawsuit. This is called the "limitation period." The clock starts ticking from the day the accident occurred, not from when you first saw a doctor or realized the full extent of your injuries.

For example, if you were injured in a car accident on March 15, 2024, you must file your lawsuit by March 15, 2026. If you miss this deadline by even one day, the court will almost certainly dismiss your case.

This strict deadline applies to all motor vehicle accidents in Ontario, including: car accidents, motorcycle accidents, truck accidents, pedestrian accidents, cyclist accidents, and ride-share accidents (Uber, Lyft).

While the 2-year limitation is the general rule, there are some important exceptions. For minors (anyone under 18 at the time of the accident), the limitation period doesn't begin until they turn 18. This means a child injured at age 10 would have until age 20 to file a lawsuit.

For individuals who are mentally incapable of managing their own affairs, the limitation period may be suspended. Once they regain capacity (or a litigation guardian is appointed), the clock starts running.

The "discoverability rule" may also apply in certain cases. If your injuries weren't immediately apparent, the limitation period might start from the date you discovered (or should have discovered) the injury and its connection to the accident. However, courts interpret this narrowly in car accident cases.

If your accident involved a government vehicle or occurred due to a road defect maintained by a municipality, stricter timelines apply. Under the Municipal Act, you must provide written notice to the municipality within 10 days of the accident for claims involving road defects, potholes, or inadequate winter maintenance.

For claims against the provincial government or its agencies (including the Ontario Provincial Police), you must provide notice within 60 days. Missing these notice deadlines can severely damage or completely bar your claim.

These shorter notice periods exist in addition to the 2-year limitation period—meaning you must comply with both requirements.

Even though you technically have two years, waiting too long to pursue your claim can hurt your case in several ways. Evidence disappears: Witness memories fade, surveillance footage gets erased, and physical evidence at the accident scene changes.

Medical records become harder to connect: The longer you wait, the more difficult it becomes to prove your injuries were caused by the accident rather than subsequent events.

Insurance companies become more skeptical: Delayed claims face more scrutiny and are more likely to be undervalued or denied.

Most personal injury lawyers recommend contacting an attorney within days or weeks of your accident—not months or years. At Kanevsky Law Office, our initial consultations are free, and we work on contingency, meaning you pay nothing unless we win your case.

If you attempt to file a lawsuit after the limitation period has expired, the defendant will raise the limitation period as a defense. In almost all cases, the court will dismiss your claim entirely. You will lose your right to pursue compensation through the court system.

There are extremely rare exceptions where courts have allowed late filings, but these involve extraordinary circumstances such as fraud by the defendant concealing the injury. Don't count on being able to argue an exception—the safest approach is to act well within the deadline.

If you're approaching the 2-year deadline and haven't yet consulted a lawyer, contact Kanevsky Law Office immediately. Even with a tight timeline, we may be able to preserve your claim.