Two Year Statute of Limitation Period
Soon after you sign the retainer contingency fee agreement, one of the first things that I’ll do is diarize the limitation period for the filing of your Statement of Claim in accordance with the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, which applies to your tort action for compensatory damages for your personal injuries and impairments. Under s. 4 of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, your claim for compensatory damages is statute-barred, in respect of such a claim after the second anniversary of the day on which your claim was “discovered”.
The Discoverability Doctrine
Further to s. 5(1) of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, your claim is discovered on the earlier of the day upon which you first knew, or a reasonable person with the abilities and in the circumstances of that person first ought to have known one of the following:
- Your injury, loss or damage had occurred;
- Your injury, loss or damage was caused by or contributed to an act or omission;
- The act or omission was that of a person against whom your claim was made; and
- Having regard to the nature of your injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it.
Further to s. 5(2) of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, you are presumed to have known of the above-listed matters on the day the act or omission upon which your claim for compensatory damages is based, took place, unless the contrary is proven.
The Ultimate Limitation Period
I’ll also diarize your ultimate 15 years limitation period, which is established pursuant to section 15 of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, after which the tort proceedings cannot go ahead. However, in accordance with s. 15(4) of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, your ultimate period will be suspended if the following applies:
- You are not capable of commencing a proceeding due to your physical, mental or psychological condition, and if you are a minor, you’re not represented by a litigation guardian;
- You are an unrepresented minor or a person;
- Your potential defendant willfully concealed that he or she was the cause of, or that he or she contributed to your injuries and impairments; or
- Your potential defendant willfully misled you as to the appropriateness of a proceeding to remedy your injuries and impairments.
It’s essential to diarize your statute of limitation periods and ensure they aren’t missed, as the expiry of your limitation period will constitute a defence to your tort action, which will be pleaded in a Statement of Defence issued by the lawyer of the defendant I’m suing on your behalf.
If you want to learn more about the chronological steps in pursuing your tort action, then please click the “link” to read my blog entitled “What are the Steps in a Tort Lawsuit for Personal Injuries?”.
I hope you found this information valuable. Rudder Law Group’s website is your one-stop source for answers to all of your legal questions concerning catastrophic impairment law and personal injury law.