vybrant1 --
At the outset, I should emphasize the disclaimer at the bottom of this
page to the effect that answers provided here are general information,
and are not intended to substitute for professional legal advice.
The current statute of limitations in Ontario for the bringing of an
action for damages for personal injury incurred in an auto accident is
two years. That limitation is found in the Highway Traffic Act,
adopted in 1990. The relevant provision is summarized at the website
of an Ontario law firm specializing in personal injury litigation, as
follows:
"In a case of negligence involving a car accident, the limitation
period is set at two years under the Highway Traffic Act."
Greg Monforton and Partners
http://www.gregmonforton.com/columns/facts-of-accident.htm
As an always desirable "second opinion," another Ontario law firm's
website confirms that "under the Highway Traffic Act, any lawsuit must
be started within two years after the date of the motor vehicle
accident."
Hewitt, Hewitt, Nesbitt, Reid, LLP: Barristers and Solicitors
http://www.hewitts-law.com/news(0800).html
Here is the relevant text of Section 206(1) of the Highway Traffic
Act:
". . . [N]o proceeding shall be brought against a person for the
recovery of damages occasioned by a motor vehicle after the expiration
of two years from the time when the damages were sustained. R.S.O.
1990, c. H.8, s. 206 (1)."
Highway Traffic Act: R.S.O. 1990, CHAPTER H.8 (Section 206 is near the
end of this long document)
http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90h08_e.htm#P5212_619781
Additional Information:
On December 9, 2002, the Ontario government passed a law called the
"Limitations Act, 2002," which will supplant most of the current
statutes of limitation currently in effect there, including the one in
which you are interested. However, that new law doesn't go into
effect until January 2004, so it would not affect claims brought
before then.
In any case, the new uniform limitations period happens to be two
years, the same period as that now provided by the Highway Traffic Act
for personal injury claims from auto accidents.
A good summary of the new law and how it affects claims brought in
2004 and thereafter is contained in a memorandum prepared by another
Ontario law firm, found at this linked page:
Emond Harnden, LLP: Ontario Government Passes Limitations Act, 2002
http://www.emond-harnden.com/apr03/limitations.html
Search Strategy:
I used various Google searches to gradually zero in on the text and
explanations of the relevant current and future law. Here are some of
them:
ontario "statute OR statutes of limitations" negligence
://www.google.com/search?sourceid=navclient&q=Ontario+%22statutes+OR+statute+of+limitations%22++negligence
tort OR torts "limitation period" "personal injury"
://www.google.com/search?sourceid=navclient&q=ontario+tort+OR+torts+%22Limitation+period%22++%22personal+injury%22
ontario "limitation OR limitations act" 2002
://www.google.com/search?sourceid=navclient&q=Ontario+%22limitation+OR+limitations+act%22+2002
ontario "negligence act" "limitation period" auto OR automobile
://www.google.com/search?q=Ontario+%22negligence+act%22+%22Limitation+period%22++auto+OR+automobile&hl=en&lr=&ie=UTF-8&start=10&sa=N
ontario limitation "highway traffic act"
://www.google.com/search?hl=en&lr=&ie=UTF-8&q=ontario+limitation+%22highway+traffic+act%22&spell=1
I am confident that this is the information you seeking. If any of
the information is unclear, please ask for clarification before rating
this answer.
markj-ga |
