What Are Statutes of Limitations?
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| File a Lawsuit Time Limit |
Is There a Time Limit to File a Lawsuit?
In Ontario, numerous rules and procedures govern lawsuits but limitation periods are one of the most important to understand when considering your rights and deciding whether to commence a lawsuit.
The basic limitation period to pursue most claims is two years and is set out in the Limitations Act. If you want to sue someone to recover damages, generally you need to do so within two years of the date of loss or injury. Other limitation periods may apply to other specific situations. For instance some insurance contracts may contain a clause that substantially shortens the limitation period - a term known as “contracting out”
In some circumstances there may also be notice provisions you must adhere to before you can sue. If you slip and fall on a municipal sidewalk, for instance, you have 10 days from the date of the incident under the Municipal Act to give notice to the municipality.
Not taking the appropriate steps within the appropriate timelines could leave you without a legal remedy - even if there is a legal basis to work towards the resolution you deserve.
What is personal injury mediation?
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| personal injury mediation |
In many personal injury cases, private mediation is held in hopes of achieving a resolution outside of court which can reduce the uncertainty and costs of a trial.
A private mediation is generally held in an office setting. Prior to the start of a mediation the parties exchange documents outlining their positions. At the mediation itself each party will present their side of the case before moving to separate conference rooms where settlement offers are formulated. A mediator – a neutral third party chosen by both sides - will then present the offers and the responses along with the rationale for each.
The mediator doesn’t have the authority of a judge and can’t force any party to settle the case but he can provide great help in pointing out the strengths and weaknesses in each party’s case which can often lead to a settlement. If mediation fails, your case progresses along the normal litigation process through pretrial and ultimately trial.
Mediation is also utilized when dealing with accident benefit disputes with your own insurer. That mediation process will form the basis of another article.