These plain-language answers cover common personal injury questions in Ontario. Every claim depends on its facts, the evidence, the date of the incident and the insurance policy involved.
Last reviewed: September 3, 2026. This page provides general legal information, not legal advice. Limitation and notice periods can be much shorter than two years, so get legal advice promptly.
You may have a claim if a property owner or occupier failed to take reasonable care to keep the premises reasonably safe and that failure caused your injury. Evidence such as photographs, video, witness information, incident reports, footwear and medical records can be important. If snow or ice caused the fall on private property, Ontario law generally requires written notice within 60 days. Claims involving a city can have an even shorter notice period. Learn more about slip and fall claims.
Possibly. An injured person may have an accident-benefits claim and, where another person was negligent, a tort claim for losses not fully covered by accident benefits. Ontario auto claims are subject to special rules, including an injury threshold and, for some damages, a statutory deductible. A general two-year limitation period often applies, but shorter notice periods may also apply. Learn more about motor vehicle accident claims.
Fault depends on evidence such as the collision scene, vehicle damage, witness accounts, video, police material and the conduct of each person involved. Insurers use Ontario’s Fault Determination Rules for certain insurance decisions, while a tort claim is decided under negligence law. Responsibility can be divided among more than one person.
If another person’s negligence caused your injury, you may be able to claim compensation, subject to the evidence, legal thresholds and time limits. If you were partly responsible, Ontario law can reduce damages in proportion to your share of fault rather than automatically preventing a claim.
Tell an automobile insurer within seven days of the accident, or as soon as reasonably possible, that you intend to apply. Ask for the OCF-1 Application for Accident Benefits and return it within 30 days after receiving it; if it is late, submit it with an explanation. The first insurer that receives a completed application is responsible for directing it to the proper insurer. Coverage depends on the accident date and the policy. Ontario changed the required and optional accident-benefit coverages effective July 1, 2026.
You may have a claim if the use or operation of the bus or another automobile directly caused your injury. Depending on what happened, there may be accident benefits, a negligence claim, or both. Report the incident immediately, obtain the operator or vehicle information, preserve your fare and trip records, identify witnesses and seek medical attention. Public-transit and municipal claims can involve special notice requirements, so act quickly.
You may be able to sue if an unsafe condition caused your fall and the owner or occupier did not take reasonable care in the circumstances. The key questions include what created the hazard, how long it existed, what inspection and maintenance system was used, whether warnings were provided and whether your own actions contributed. Preserve evidence and give any required notice promptly.
A tort is a civil wrong that causes harm or loss. In a personal injury case, a tort claim usually alleges that another person or organization acted negligently and seeks compensation for resulting losses. It is separate from a no-fault accident-benefits claim.
A lawyer will consider whether another person was negligent, whether that negligence caused your injuries, whether the evidence supports the claim and whether you are within the applicable deadlines. Ontario’s Insurance Act also limits some automobile claims for pain and suffering to injuries that meet the statutory threshold. Medical evidence and the effect of the injury on daily life and work are important.
For many claims involving a municipal road or sidewalk, written notice generally must be given to the municipality within 10 days. There are limited exceptions, including death and some cases where there is a reasonable excuse and the municipality is not prejudiced. A two-year limitation period commonly applies to starting a lawsuit, but the 10-day notice issue should be handled immediately. Toronto claims are governed by the City of Toronto Act; other municipal claims are generally governed by the Municipal Act.
No reliable value can be given from the type of collision alone. Important factors include fault, the diagnosis and prognosis, the duration of symptoms, income loss, treatment and care costs, future needs, the impact on daily life, insurance limits, available accident benefits and the automobile threshold and deductible. A fair assessment usually requires medical and financial evidence.
Soft-tissue claims vary widely. The diagnosis, consistency of treatment, duration of symptoms, objective and clinical findings, effect on work and daily activities and expected recovery all matter. Some accident-benefits claims may be treated under the Minor Injury Guideline, while a tort claim may face the statutory threshold and deductible. The label “soft tissue” does not by itself determine value.
In many Ontario automobile tort claims, a statutory deductible is subtracted from a court award for non-pecuniary damages such as pain and suffering. For 2026, FSRA lists the claimant deductible as $47,913.01. It does not apply when the qualifying award exceeds the 2026 monetary threshold of $159,708.71. Different amounts apply to Family Law Act claims, and the figures are indexed every year. The calculation depends on the accident and award.
Canadian courts apply an upper limit to non-pecuniary damages for pain, suffering and loss of enjoyment of life, adjusted over time for inflation. The maximum is generally reserved for the most catastrophic cases. It does not cap every other kind of loss, such as income loss or future care costs. Automobile cases may also be affected by Ontario’s statutory threshold and deductible. The applicable figure should be confirmed for the date the claim is valued.
For advice about your circumstances, contact Krylov Lam & Company or call 416-649-0000.