The first question most injured people ask is what their claim is worth. The second is how long it will take. The honest answer is that most personal injury lawsuits in Ontario take a few years, and much of that time is spent waiting for something that has to happen first: your recovery to plateau, a specialist’s report, or a court date. Knowing the stages makes the wait easier to understand.
Before the lawsuit
Notice. In car accident cases, the at-fault driver must be given written notice within 120 days. Claims against municipalities and some occupiers have shorter notice periods. Accident benefit claims have their own deadlines, starting at seven days.
Early evidence. Photos, video, witness names, police reports and medical records are gathered while they still exist.
Limitation period. The lawsuit must generally be started within two years. Our post on limitation periods explains when the clock starts.
Stage 1: Pleadings
The case starts with a statement of claim, served on each defendant. The defendant’s insurer appoints a lawyer, who files a statement of defence. This usually takes a few months.
Stage 2: Documents
Each side lists and exchanges the relevant documents: medical and treatment records, employment and tax records, accident benefits files, photographs, reports and correspondence. On the plaintiff’s side, this usually means gathering several years of records from many sources, which takes time.
Stage 3: Examinations for discovery
Each party is questioned under oath by the other side’s lawyer, with a court reporter present. For the injured person, this is usually the first time they tell their story in a formal setting. Preparation matters. Discoveries are often followed by a list of undertakings, which are promises to provide further documents or answers.
Stage 4: Medical and economic reports
Both sides obtain reports from treating doctors and from independent specialists on the injuries, future care needs and income loss. The defence usually asks for its own medical assessments.
This stage often waits on your recovery. Until doctors can say what your long-term condition will be, it is hard to value the claim, and settling too early risks accepting less than it is worth.
Stage 5: Mediation
In Toronto, Ottawa and Windsor, mediation is mandatory in most civil cases. Many cases elsewhere also go to mediation by agreement. A neutral mediator meets with both sides to try to reach a settlement. Many personal injury cases settle at or shortly after mediation.
Stage 6: Pre-trial and trial
If the case does not settle, it is set down for trial. A pre-trial conference with a judge follows, where the judge gives a view on the case and encourages settlement. If that fails, the case proceeds to trial, which may be before a judge alone or a jury. Trial dates in Toronto can be a significant wait.
A case that is not set down for trial within five years of starting can be dismissed for delay unless the court allows more time.
So how long, overall?
Straightforward claims can resolve in one to two years. Claims with serious or disputed injuries commonly take two to four years, and longer if they go to trial. The biggest factors are the severity of the injuries, how long recovery takes, whether liability is disputed, and whether the insurer is prepared to negotiate.
The rules are changing
Ontario is in the middle of the largest overhaul of its civil procedure rules in decades. Targeted amendments have already taken effect, and broader reforms have been proposed. The proposals include pre-litigation protocols for personal injury claims and a move away from oral examinations for discovery in many cases, but the broader changes have not yet been brought into force. We will update this post as they are. Until then, the existing deadlines, including the two-year limitation period, still apply.
How we can help
At Kabir & Alam, we move claims forward at the pace the injuries allow, keep clients informed at each stage, and do not recommend settling before the full picture of the injury is known. Read more about our personal injury practice or book a consultation with us.
This post is general information about Ontario personal injury law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.