How long do I have to sue for medical malpractice in Canada?
Most provinces impose a 2-year limitation period running from the date you discovered, or ought to have discovered, that your injury was caused by negligence (the discoverability rule). Quebec uses a 3-year period. There is also an ultimate limitation period (often 10-15 years) that bars very old claims regardless of discovery.
What is the discoverability rule?
The clock does not necessarily start on the date of the negligent act. Under the discoverability rule it starts when you knew, or a reasonable person ought to have known, that you were injured, that the injury was caused by the defendant, and that a legal proceeding was an appropriate remedy.
Does the limitation period differ for children?
Yes. For minors, provincial limitations statutes generally suspend (toll) the clock until the child reaches the age of majority. This is why birth-injury claims can often be brought many years after the birth. Adults under disability may also have the clock tolled.
What is an ultimate limitation period?
It is an absolute deadline — often 10 to 15 years from the date of the negligent act — after which a claim is barred even if the injury was not yet discoverable. It provides certainty for defendants. Some exceptions apply for minors and for deliberately concealed negligence.