Thoughts on Going To Court After An Injury In Ontario

REMEMBER: I'm a licensed insurance agent, not a lawyer.

Having said that, here are some observations to consider if you need to rely on civil courts for compensation after an accident in Ontario. If you've been injured and are considering a lawsuit in Ontario, it's important to understand the time limits and the potential delays in the court system. Here's what you need to know:

Time Limits for Starting a Lawsuit

In Ontario, the general rule is that you have two years from the date of the injury or from when you first knew about the injury to start your lawsuit. This period is known as the "limitation period." If you don't begin your lawsuit within this time frame, the court may not allow you to proceed with your case.

However, there are some exceptions that mean you have to move even faster! For instance, if the injury was caused by a government entity or municipality, you might need to give them notice within a shorter period, often within 10 days. It's crucial to check the specific rules that apply to your situation.

98 Days: Average Time to Reach a Verdict or Settlement

Once you start a lawsuit, the time it takes to reach a decision can vary. On average, civil cases in Ontario take about 98 days from the time the judge receives the case to make a decision. However, this is just the time for the judge to decide after the trial has concluded. The entire process, from filing the lawsuit to receiving a decision, can take much longer.

It Will Take Longer - Backlog in Ontario Courts

Ontario's court system is currently experiencing significant delays due to a backlog of cases. The COVID-19 pandemic exacerbated existing issues, leading to longer wait times for trial dates. In some regions, it can take up to five or six years to get a civil court date, especially in larger cities like Toronto. Smaller courts, like those in Milton, may take about 18 months to two years. These delays can be frustrating and may impact your ability to receive timely justice.

Steps in the Lawsuit Process

1. Starting the Lawsuit: This involves filing a statement of claim with the court and serving it to the person you're suing.

2. Discovery: Both sides exchange information and documents related to the case.

3. Mediation: A neutral third party helps both sides try to reach a settlement without going to trial.

4. Trial: If no settlement is reached, the case goes to trial where both sides present their arguments.

5. Decision: The judge makes a decision based on the evidence presented.

Each of these steps can take time, and delays can occur, especially if the case is complex or involves multiple parties.

Starting your lawsuit as soon as possible is crucial. The longer you wait, the harder it may be to gather evidence, find witnesses, and remember details about the incident. Acting promptly helps ensure that you have the best chance of a successful outcome.

Get A Lawyer!

If you've been injured and are considering a lawsuit in Ontario, good luck! Consulting with a lawyer is crucial to obtain guidance tailored to your specific situation and help navigate the complexities of the legal system.

Final Thoughts