How does the date of discovery differ from the date of accident?

The date of discovery refers to the specific period when a person realizes the existence of adverse physical effects of past incidents or accidents. A suitable example would be someone realizing that his/her back condition is a direct consequence of years in heavy manual work. That particular day when a connection to an existing physical condition is made becomes the date of discovery. On the other hand, the date of the accident is the precise date at which a person's involvement in a singular incident or accident resulted in mild to severe physical injury. A suitable example is someone who experiences a herniated disk while lifting a product-laden crate at work. The particular day when the herniated disk injury occurred becomes the date of the accident.

What are the exceptions to the two-year statute of limitations for Ontario personal injury claims?

There are two main exemptions to the two-year statute of limitations on the filing of personal injury claims in Ontario. The first exemption revolves around the date of the discovery rule. This rule allows a person to file a personal injury claim for an act of negligence that occurred more than two years prior, as long as the date of discovery falls within the statutory two-year limit. The second exemption revolves around realizing the litigation option in the pursuit of compensation for a personal injury. The provision allows an individual to file a personal injury lawsuit past the statutory two-year limit if he/she can prove to be unaware that litigation offered a venue to seek compensation for injuries caused by a negligent act.

Who can be eligible to be appointed as the litigation guardian?

A litigation guardian has the role of a substitute decision-maker in legal proceedings involving a legally disabled plaintiff. A legally disabled individual in this context refers to someone with a reduced ability to grasp the legal specifics of the case, e.g., a child, a person with low cognitive capability, and so forth. Anyone who files a written consent from the legally disable plaintiff is eligible for a litigation guardian's role. A judge can also appoint any person he/she deems as qualified to take up a litigation guardian's role.

Tag archives: Injury Claims By Children

Injury Claims By Children – Know The Special Rules For Statute of Limitations

Jeremy Diamond
Categories: Media
Tags: AskIsaacZisckind, Diamond and Diamond, Injury Claims By Children, Statute of Limitations
July 2, 2019

#AskIsaacZisckind The Ontario Limitations Act should be of a concern for anyone injury through the negligence of another party. Under normal circumstances, you only have two years from the date of the accident causing you to be injured to sue for compensation. Two years might appear to be a lot of time, but it can go by quickly. Waiting too long could ruin your chance to recover damages, but there are special rules in place to protect the rights of children and certain other categories of accident victims if a lawsuit is not filed within the two-year limitation period. The ... Read more