When you are injured, your immediate focus should be on your health and recovery. However, when you have sustained an injury due to someone else’s negligence or wrongdoing in Ontario, there is often a requirement to provide notice of your injury to the negligent party within a certain period of time. How much time you have after the incident to provide this notice can depend on the nature of the incident that caused your injury. Understanding these deadlines early can help you avoid costly mistakes and protect your claim.
What is a notice period?
In the context of personal injury claims, a notice period refers to the period within which you must notify the party responsible for your injury that you intend to commence a lawsuit against them. The notice is typically provided in the form of a letter, and usually outlines the details of the incident, the injuries sustained, and your intention to seek compensation for your losses.
Not all claims have the same notice requirements. In Ontario, the applicable deadline depends on the type of accident and the parties involved. Missing a notice deadline can, in some cases, bar your claim entirely.
Common personal injury claim notice periods
In Ontario, the specific notice period requirements can vary depending on the nature of the incident and the responsible party. Notice periods for some of the most common scenarios are:
- Motor vehicle accidents: no formal notice, but 2-year limitation period
- Municipal claims: 10 days
- Snow/ice slip and fall: 60 days
- Other personal injury claims: typically, 2 years
1. Motor vehicle accidents claims
When you intend to sue another party as a result of a motor vehicle accident in Ontario, there is generally no specific notice period requirement. You have two years from the date of the accident to commence legal proceedings, but you are not required to provide notice prior to then (except when a municipality is at fault). However, pre-judgment interest cannot be claimed prior to the date of the notice letter so it is advantageous to provide notice as soon as possible. Providing early written notice can help preserve your right to claim pre-judgment interest and may encourage earlier discussions.
As an aside, if you are injured in a motor vehicle accident in Ontario, you generally have seven days from the date of the accident to notify your own insurance company of the accident. This notice is required regardless of who was at fault for the accident but is not a notice of intention to sue.
2. Municipal claims
If your injury is related to a municipal property or roadway (e.g., a slip and fall on a city sidewalk), you typically have ten days to notify the municipality in writing about your intention to commence a lawsuit. This is one of the shortest and most strictly enforced notice periods. For these personal claims, it is critical you speak to legal counsel as soon as possible.
3. Slip and fall claims involving ice or snow
If your injury is a result of a slip and fall on ice or snow, you must provide notice to the occupiers of the area within 60 days of the incident. This applies to claims against property owners, occupiers, and maintenance contractors. Failure to meet this deadline can significantly impact your ability to proceed with a claim.
4. Other personal injury claims
In cases involving other personal injuries not covered by the above scenarios, you generally have two years from the date of the incident to commence legal proceedings against the responsible party (this applies to the above scenarios, as well) but there is typically no prescribed notice period.
Special considerations for minors
If the injured party is a minor, notice period requirements do not start to run until the day the minor turns 18 years old or the day they retain counsel, whichever date is earlier. For example, in the case of a potential claim against a municipality, the injured minor is not required to provide the municipality with notice until ten days after they retain counsel or ten days after they turn 18, if they have not yet retained counsel by that point. This exception can be nuanced, making early legal advice especially important.
The importance of providing notice
Failing to adhere to the notice period requirements can jeopardize your ability to pursue a claim and influence the outcome of your case. Courts may dismiss a case if the notice period is not met. However, providing timely notice is critical even when it is not required, as it ensures that evidence related to the incident can be gathered and preserved while it is still available. Doing so can also be advantageous in the sense that it affords the injured party the opportunity to engage in early negotiations and settlement conversations. Early notice can reduce the likelihood of going to court.
Exceptions to Ontario notice requirements
While compliance with notice periods is often mandatory, in rare occasions there can be exceptions based on the circumstances of your case. For instance, if you were physically or mentally incapacitated and unable to provide notice within the prescribed time frame, you may be afforded an extension. If you believe you have missed a notice period, it is important to consult with a personal injury lawyer as soon as possible to determine whether the circumstances of your case support an argument to extend the notice period.
What happens if you miss a notice deadline?
Missing a notice deadline does not automatically end your claim, but it can make it significantly harder to succeed.
Courts will consider:
- whether the delay prejudiced the defendant;
- whether there is a reasonable excuse for the delay; or
- whether evidence is still available.
In municipal and snow/ice claims, courts tend to enforce deadlines strictly, making early legal advice essential.
How Siskinds can help
Providing proper notification to the negligent party when a personal injury occurs is critical in preserving the injured party’s legal rights and in ensuring the most expedient and just resolution of a claim. At Siskinds, our personal injury lawyers understand how critical timing is in protecting your rights. We focus on delivering clear guidance and practical solutions during a challenging time.
If you have questions about the information contained within this article or any other personal injury questions, please write to me, Lauren Cullen, at [email protected] or call 519-660-7826.