What Should I Do If I Miss the Limitation Period for Suing?
There isn’t much that we as your lawyers can do to alter the limitation periods set out in the statute aside from trying to present your case in such a way as to show that your claim was in fact commenced within the limitation period.
If you try to sue beyond the limitation period stated in the Limitations Act of Ontario, the insurer will likely bring a motion before the Court to seek a Judge's permission to have your claim dismissed for being brought outside of the limitation period. If the insurer’s motion is successful, your claim will be struck and you may have to pay the insurer's legal costs for striking your claim.
Sometimes, limitation dates affect accident victims’ right to sue in different ways. For example, children face a different limitation period than adults do.
This is the most important thing to remember: mere ignorance of a limitation period is not an excuse. So, the first thing you need to do when you have had an accident is to call our office immediately. Tell us the facts of your case, and we will tell you how long you have to sue. If it appears you have missed the limitation date, we will explain to you what possible exceptions might apply to your case to maintain your right to sue.
Sharpe Beresh & Gnyś has the answers to your questions about personal injury. Contact us today for a Free Consultation.