Effect of Ontario Limitations Act On Claims By Injured Children

#AskJeremyDiamond

The right to make a claim for compensation against someone whose negligence or careless disregard for your safety caused you to be injured has a time limit. Your right to compensation could be lost by failing to sue the other party within the limitation period specified in the Ontario Limitations Act. Everyone, including parents, should be aware of how limitation periods could affect their claim and the claims of their children.

Ontario Limitations Act

The law gives you two years within which to file a claim for compensation in Ontario. The time is calculated from the date of discovery of the existence of a claim. The Ontario Limitations Act explains that discovery occurs the day you first became aware of the existence of the claim or the day on which a reasonable person would have become aware of it, whichever first occurs.

Some circumstances make it easier than others to identify when an injury occurs, such as when a pedestrian suffers a leg fracture and is taken to hospital after being hit by a speeding car. Sometimes, it could take some time before you realize you have been injured. For example, it could take a person several years following surgery to discover the cause of the pain they have is a surgical instrument left in their body during the operation.

The statute does not give you an unlimited amount of time to discover that you have suffered an injury. There is an ultimate limitation period of 15 years calculated from the date of the conduct upon which the claim is based.

There is no limitation period for claims arising from a sexual assault. Victims of sexual assault or sexual misconduct may suffer psychological trauma that could take years to overcome before they are able to come forward with their claims.

Special circumstances when children suffer injuries

The purpose of limitation periods is to avoid making it difficult for a party against whom a claim might exist to defend against it. The passage of time could result in evidence being lost and witnesses moving away or forgetting important facts. However, when children are the claimants, the law grants an extension of the limitation period to protect them

The two-year limitation period and the 15-year ultimate limitation period do not run while the person with the claim is a minor who is not represented by a litigation guardian. A child with a claim for compensation would have the full limitation period to sue the negligent party.

Ontario personal injury lawyers

The personal injury lawyers at Diamond and Diamond have years of experience handling claims for compensation on behalf of  victims suffering injuries through the negligent and careless conduct of others. If you or a loved one has suffered a personal injury, speak to one of our lawyers to learn more about your rights and how to protect them. Call the Diamond and Diamond 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now. We have offices located throughout Ontario offering free consultations and case evaluations to injury victims and their families.