Tort Claims in Ontario: What They Are and How to Get Compensation

If you’re injured because of someone else’s actions—or their failure to act—you can file a tort claim in Ontario. This legal process lets you pursue compensation for things like pain and suffering, medical bills, and lost income.

In this guide, we’ll explain what a tort claim is, how it works, and what you need to know before filing one.

What Is a Tort Claim in Ontario?

A tort is a wrongful act that causes harm to another person. A tort claim is a civil lawsuit that the injured person (the plaintiff) files to recover compensation from the responsible party (the defendant).

Tort claims are the legal backbone of most personal injury lawsuits in Ontario.

Key points:

• Tort claims are civil, not criminal.
• They can arise from negligence or intentional acts.
• You must prove the other party’s actions (or inaction) caused your injury.

Types of Tort Claims in Ontario

There are several types of torts. The most common include:

1. Intentional Torts

• Assault and battery
• Sexual assault
• Defamation (slander or libel)
• Trespassing
• Fraud

2. Negligent Torts

• Car accidents
• Slip and falls
• Medical malpractice
• Nursing home neglect

3. Strict Liability Torts

• Dog bites (under Ontario’s Dog Owners’ Liability Act)
• Certain hazardous activities where someone doesn’t need to prove fault

4. Economic Torts

• Interference with contractual relations
• Negligent misrepresentation
• Conspiracy and business defamation

Do I Have a Valid Tort Claim?

For your claim to succeed, you must prove all four elements of a tort:

• Duty of care – The defendant had a responsibility to act a certain way.
• Breach of duty – They failed to meet that responsibility.
• Causation – Their action (or inaction) caused your injury.
• Damages – You suffered actual harm (physical, emotional, or financial).

Without all four, your claim may not succeed.

What Compensation Can You Get?

A tort claim allows you to pursue damages for:

• Pain and suffering
• Loss of enjoyment of life
• Medical expenses (past and future)
• Rehabilitation or caregiving costs
• Lost wages or loss of future earning capacity
• Out-of-pocket expenses, including travel, parking, medications

How Long Do You Have to File a Tort Claim in Ontario?

Under Ontario’s Limitations Act, you generally have 2 years from the date of the accident or injury to file your tort claim.

Exceptions:

• For minors: time starts when they turn 18
• For delayed injuries: time starts when the injury is discovered

How to File a Tort Claim in Ontario

Here’s what the tort claim process typically looks like:

1. Consult a Personal Injury Lawyer – Get legal advice through a FREE consultation from Samfiru Tumarkin LLP and assess your case.
2. File a Statement of Claim – This legal document starts your lawsuit.
3. Serve the Defendant – The defendant is officially notified.
4. Discovery Phase – Both sides exchange evidence and testimony.
5. Medical Exams – May be required by either party.
6. Negotiation – Nearly all claims settle before trial.
7. Trial (if necessary) – A judge decides the case, however it is rarely necessary to go to trial.

How Long Do Tort Claims Take in Ontario?

A majority of personal injury lawsuits settle before trial—but the process can take months. Some cases take 1 to 3 years depending on:

• Complexity of the case
• Severity of the injury
• Willingness of parties to settle
• Court backlog and availability of expert reports

Examples of Tort Claims in Ontario

• A distracted driver hits a pedestrian at a crosswalk.
• A restaurant fails to clear ice from its entrance, causing a fall.
• A person is sexually assaulted at a work function.
• A construction company’s debris injures a passerby.
• A dog bites a child in a public park.

Each of these scenarios could lead to a tort claim, depending on the facts.

Do All Tort Claims Go to Court?

No. Most tort claims are settled out of court through negotiation or mediation. A trial is rare, and usually the last resort when both sides can’t agree on compensation.

Speak to a Personal Injury Lawyer About Your Tort Claim

If you’re injured due to someone else’s negligence or wrongful act, you may have a valid tort claim. An experienced personal injury lawyer can:

• Evaluate your case for free
• Help gather medical evidence
• Handle all legal paperwork
• Negotiate with insurers
• Represent you in court, if needed

Contact Samfiru Tumarkin LLP today for a free consultation and find out what compensation you may be owed.

FAQs About Tort Claims in Ontario

Why Choose Samfiru Tumarkin LLP?

We’re not just any personal injury firm. Samfiru Tumarkin LLP has a national reputation for client advocacy and proven results. We take the time to understand your situation and build the strongest possible claim.

• 💰 No Win, No Fee — you don’t pay unless we succeed
• 👥 Personalized legal support throughout your case
• 📍 Deep local experience in Ontario courts, tribunals, and negotiations
• ⭐ Thousands of 5-star reviews from injury, disability, and employment law clients
• 🗺️ Serving clients across Ontario in-person and virtually, wherever you’re located

Free Consultation with a Personal Injury Lawyer Today

Wondering how much your claim in Ontario is worth? Don’t rely on estimates or insurance adjusters. Get real legal advice from a personal injury lawyer in Toronto that’s on your side.

Call us at 1-855-821-5900 or request a callback through our online form.