What is the statute of limitations for personal injury claims in Ontario?

2 years from discoverability. Source: Limitations Act, 2002, S.O. 2002, c. 24. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Ontario?

Yes — Ontario applies the following caps: Andrews cap (non-pecuniary) (~C$430,000+ (CPI-indexed from 1978)) under Andrews v Grand & Toy [1978] 2 SCR 229; Statutory deductible (~C$45k (indexed) below threshold) under Insurance Act, R.S.O. 1990. See the caps section above for the conditions under which each applies.

Does Ontario operate a no-fault auto insurance scheme?

Ontario applies partial no-fault provisions. SABS first-party benefits operate alongside tort. Tort awards subject to deductibles below threshold.

How are settlements typically valued in Ontario?

Practitioners and adjusters in Ontario value claims using the same building blocks applied across Canada: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Ontario attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Ontario's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Ontario personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ Canada · Central Canada

Personal injury in
Ontario.

By MyClaimWorth EditorialPublished 9 May 20267 min read

Ontario operates a hybrid system: SABS first-party accident benefits alongside common-law tort, with a statutory deductible reducing non-pecuniary tort awards below the threshold.

Ontario is Canada's most populous province and runs a hybrid personal-injury system. The Statutory Accident Benefits Schedule (SABS, O. Reg. 34/10) provides first-party no-fault accident benefits — income replacement, medical and rehabilitation, attendant care — that sit alongside the tort claim against the at-fault driver. Tort awards for non-pecuniary loss are subject to a statutory deductible below threshold (~C$45,000 indexed) and the Andrews cap on the upper end. The general limitation period is two years from discoverability under the Limitations Act, 2002.

★ statute of limitations

2 years from discoverability

Limitations Act, 2002, S.O. 2002, c. 24

★ fault rule

Common-law contributory reduction

Contributory-negligence reduction under the Negligence Act, R.S.O. 1990, c. N.1. No bar threshold.

★ ON · statutory caps

What caps recovery.

Caps and ceilings imposed by Ontario law that bear on settlement values.

Andrews cap (non-pecuniary)
Non-pecuniary loss
~C$430,000+ (CPI-indexed from 1978)
Andrews v Grand & Toy [1978] 2 SCR 229
Statutory deductible
Non-pecuniary tort awards in motor cases
~C$45k (indexed) below threshold
Insurance Act, R.S.O. 1990

★ ON · key facts

What makes Ontario different.

The handful of details that distinguish this jurisdiction from its neighbours.

Most populous Canadian province (~16M)
SABS first-party benefits (O. Reg. 34/10) sit alongside tort
Statutory deductible reduces low-value non-pecuniary tort awards
2-year limitation under Limitations Act 2002
Andrews cap caps non-pecuniary loss

★ ON · by injury

Claim values by injury type.

Settlement bands, the limitation clock, and how fault is apportioned for each injury type under Ontario law.

★ other Canada jurisdictions

Compare across Canada.

How Ontario compares to its sibling jurisdictions in Canada on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Ontario· you are here	Common-law contributory reduction	2 years from discoverability
Quebec (QC)	No-fault statutory scheme	3 years for civil action under Civil Code
British Columbia (BC)	Common-law contributory reduction	2 years from discoverability
Alberta (AB)	Common-law contributory reduction	2 years from discoverability
Manitoba (MB)	No-fault statutory scheme	2 years from discoverability
Saskatchewan (SK)	Common-law contributory reduction	2 years from discoverability
Nova Scotia (NS)	Common-law contributory reduction	2 years from discoverability
New Brunswick (NB)	Common-law contributory reduction	2 years
Newfoundland and Labrador (NL)	Common-law contributory reduction	2 years
Prince Edward Island (PE)	Common-law contributory reduction	2 years from discoverability
Yukon (YT)	Common-law contributory reduction	2 years
Northwest Territories (NT)	Common-law contributory reduction	2 years
Nunavut (NU)	Common-law contributory reduction	2 years

★ ON · frequently asked

Common questions.

Common questions about personal injury claims in Ontario, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Ontario?
2 years from discoverability. Source: Limitations Act, 2002, S.O. 2002, c. 24. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Ontario?
Common-law contributory reduction. Contributory-negligence reduction under the Negligence Act, R.S.O. 1990, c. N.1. No bar threshold.
Are there caps on damages in Ontario?
Yes — Ontario applies the following caps: Andrews cap (non-pecuniary) (~C$430,000+ (CPI-indexed from 1978)) under Andrews v Grand & Toy [1978] 2 SCR 229; Statutory deductible (~C$45k (indexed) below threshold) under Insurance Act, R.S.O. 1990. See the caps section above for the conditions under which each applies.
Does Ontario operate a no-fault auto insurance scheme?
Ontario applies partial no-fault provisions. SABS first-party benefits operate alongside tort. Tort awards subject to deductibles below threshold.
How are settlements typically valued in Ontario?
Practitioners and adjusters in Ontario value claims using the same building blocks applied across Canada: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Ontario attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Ontario's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Ontario personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ federal context

Back to Canada

All injury bands, statutes, and procedural pathway at the Canada level.

★ the working

How we derive bands

Per-jurisdiction methodology, inflation adjustment, and known limits.

★ standing authority

Sources we cite

Statute and authority documents underpinning every band on the site.

★ editorial note

This page summarises the Ontario statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Ontario. See /methodology, /sources, and /disclaimer.

Personal injury inOntario.

Personal injury in
Ontario.