CanadaCan I sue for injuries if I was doing something illegal at the time of the accident?
Yes, you may still be able to sue for injuries even if you were doing something illegal at the time — but courts can reduce or deny compensation if your illegal conduct was central to the harm and violates public policy.
What the Law Says
There is no federal or provincial statute in Canada that automatically bars a personal injury claim solely because the plaintiff was engaged in illegal activity at the time of the accident. Instead, the law relies on the common law doctrine of ex turpi causa non oritur actio ('no action arises from a disgraceful cause'), which courts apply cautiously and narrowly.
The defence of illegality is not codified in legislation across Canadian provinces — it is a judge-made principle rooted in public policy. Courts do not use it to punish plaintiffs, but to avoid lending legal support to serious unlawful conduct that would undermine the integrity of the justice system.
Importantly, the mere fact that someone broke a law (e.g., jaywalking, minor regulatory offence) does not trigger this defence. The illegal act must be sufficiently serious and directly connected to both the claim and the harm suffered.
What Courts Have Said
The Supreme Court of Canada set the modern framework for when the illegality defence applies in personal injury cases.
The Court held that the ex turpi causa defence should only bar recovery where allowing the claim would bring the administration of justice into disrepute — i.e., where the plaintiff’s illegal conduct is so serious and integral to the claim that enforcing the right would contradict public policy. It rejected a rigid rule and emphasized a principled, case-by-case analysis.
What to Do
Document everything — including what happened, witnesses, and any evidence about the nature and seriousness of the alleged illegal act.
Consult a personal injury lawyer promptly — they can assess whether your conduct meets the high threshold for the illegality defence.
Be honest with your lawyer about all facts — withholding information could harm your credibility and case.
Remember: Minor or unrelated illegal acts (e.g., expired licence, unpaid parking ticket) almost never block a valid injury claim.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.