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When must I file a lawsuit? – Knowledge of the Canadian limitation period

It’s not unusual for abuse victims to come forward decades after the Act has a place. To recover their damages, they may occasionally file a civil lawsuit or criminal charges against the offender.

Even if there are deadlines for filing claims in certain circumstances, the court may make an exception and permit the victim to pursue the lawsuit years after the abuse occurred. To begin with, there is no statute of limitations prohibiting the prosecution from filing criminal charges whenever the offence was committed. Anyone is allowed by law to call the police and report a crime that took place in Canada many years ago.

The police will continue their inquiries and file charges against the suspects. Years later, if adequate proof is discovered, the offender will be convicted if proven guilty.

An expiration date is what?

A limitation is the time frame during which the wronged party must file a claim. For example, there are time limits in Canada for filing civil cases. The time frame establishes the window of opportunity for an aggrieved party to file a personal injury case and seek compensation for damages brought on by another party’s carelessness. The limitations period regulations may differ from one province to another.

Ontario’s fundamental statute of limitations

The rules on the deadlines for bringing a civil claim are outlined in the Limitations Act 2002. The fundamental rule is that claims may only be brought within two years of the event’s date. Some exclusions apply to the standard 2-year restriction period. For instance, if the claimant sustained damages or injuries and wants to file a lawsuit against a province or municipality in Canada, they must send notice of their claim within ten days after the incident. It’s also crucial to remember that the date the limitation period begins might change depending on the circumstances of each case. It could not be the precise day when the mishap or harm occurred.

For instance, if a victim of medical malpractice doesn’t exhibit any physical symptoms immediately following the occurrence, the date the statute of limitations begins might be the moment it first becomes evident that the responsible party caused or contributed to their injury.

What happens if you file a claim on behalf of a family member?

The limitation period applies when a family member files a claim on the decedent’s behalf. For example, grieving relatives and legal defence lawyers frequently pursue wrongful death lawsuits. Sometimes the victim is a kid, is mentally or psychologically incapable of pursuing the claim, and has sustained severe injuries or even a handicap. In such claims, the following days may count as the start date of the limitation period:

  • The relative or guardian of the case was aware of the incident that gave birth to the claim.
  • The person making the allegation knew or would have known about it.
  • Who can serve as a litigation guardian?
  • Parents, spouses, or relatives who are the claimant’s natural guardians are eligible to serve as litigation guardians. This might also apply to anybody who wishes to represent the injured party, provided they swear an oath stating they have no interests at odds with those of the person they represent when fighting the claim.

What does notice of potential claim mean?

The notice of potential claim can assist the court in determining when the statute of limitations began to run. For example, suppose you or your car accident lawyers are still compiling information to support the claim. In that case, you may file the notice of the potential suit, which protects you if the entire limitation period runs out.

  1. There are five things you should know about the notice of potential claim.
  2. It is required to give the notification in writing.
  3. The nature of the harm, loss, or damage that occurred or is believed to have occurred must be fully described in the notification.
  4. Additionally, the Act or omission that caused the damages, losses, or injuries must be included in the notification.
  5. The disclosure in the notification must include the degree to which the issuer believes their conduct may have contributed to the losses.
  6. The name and address of the person giving the notification must also be included in the notice.
  7. The accused party must respond as soon as they notice a potential claim, failing which the court may grant them summary judgment. The statute of limitations is suspended if the person who was injured and the party who was found to be at fault may agree to have the issue resolved by an impartial third party.

Expire dates for claims involving motor vehicles

First and foremost, you must contact your accident benefits insurance within seven days following a motor vehicle accident. Within 30 days following the accident, you will next be required to submit the accident benefits application. If benefits are declined, you have two years from the accident date to file a lawsuit or initiate arbitration against your insurance. Within 120 days of the collision, you must also send a written notice to the negligent motorist.

You must apply for legal action against the at-fault motorist within two years of the crash. Finally, you have one year from the accident date to make your claim if you’re suing for the loss or damage of a car. For further information on the time frames for suing, consult your insurance policy. Unless a shorter limitation period applies, a wrongful death lawsuit for fatal accidents must be filed by family members or a dead representative within two years of the accident.

Limitations on the City’s liability for personal injury claims The Municipal Act of 2001 and the Stronger City of Toronto for a Stronger Ontario Act of 2006 require that you provide the City with a 10-day written notice of your claim if you intend to use it for personal harm. Although they are not explicitly stated in the requirements, several exceptions may be permitted by the court. For instance, the court may make an exception if the injured party’s severe bodily and mental disabilities prevent them from giving notice.

Period, a slip-and-fall accident can occur.

The standard limitation period of two years applies to slip and fall injuries on private (non-government) land. To maintain their right to file a claim within the two-year window, a person who sustains an injury due to a slip-and-fall accident must give written notice of the prospective future claim within ten (10) days of the incident, according to Municipal Act, 2001, section 44(10). If they don’t, their claim may be time-barred in the future. Bill 118, the Occupiers’ Liability Amendment Act of 2020, obtained royal approval on December 8th.

Due to this Act’s amendment to the Occupiers’ Liability Act, new restrictions are placed on those hurt in slip-and-fall incidents brought on by snow or ice. The changes now mandate that anybody injured in a slip and fall accident caused by snow or ice give written notice of their claim to the occupier or independent contractor within 60 days of the accident, either personally serving them or sending it to them by registered mail.

Specific exclusions are permitted under the amendment. If the person engaged in the slip-and-fall accident died due to the accident, the sixty-day notification period does not apply.
Additionally, failing to provide notice within the allotted sixty days will not exclude the injured party’s claim if the court determines that there was a legitimate explanation for the delay in delivering news and that the defendant’s defence was not affected. The incident’s location, date, and time must all be mentioned in the notification. To guarantee that the responsible occupier and contractors are notified within the stringent time limits, and the claim is not barred, a lawyer’s assistance is essential in identifying them.

Dispensations for the 2-year statute of limitations

Courts may assume that the claimant could not initiate any action if the claim is based on assault or sexual assault. In cases involving assault, the courts could consider the claimant’s inability to disclose due to their dependency on or closeness to the accused offender. Because the courts presume that the claimant could not tell the incident or start legal proceedings for several valid reasons, sexual assault claims are frequently not time-barred.

How a lawyer may assist?

Never disregard a limitation period. Once the limitation period has passed, your claim will likely be rejected, even if you have a good case. The aggrieved party may have had exceptional circumstances that prohibited them from submitting a claim, but the court lacks the power to extend the statute of limitations. You must thus see a lawyer as soon as possible about any prospective claim.

When you retain our lawyers, we battle to get your case’s best result. We always make a thorough inquiry and study to provide advice on the best course of action and save our clients time and money. We have a wealth of trial expertise in instances involving personal injuries. When you consult with us, you’ll receive thoughtful, innovative, and practical legal counsel that increases your chances of a favourable result.

If settling out of court is not in our client’s best interests, we have trial expertise and are skilled litigators.