CanadaCan I still recover damages if the injury only became apparent long after the event?
Yes, you may still recover damages in Canada even if the injury only became apparent long after the event, thanks to the 'discoverability principle' that delays the start of the limitation period until the injury is discovered or ought reasonably to have been discovered.
What the Law Says
Canadian limitation laws balance finality with fairness by using the 'discoverability principle' — the clock doesn’t start ticking from the date of the harmful event, but from when the plaintiff knew or ought reasonably to have known that an injury occurred, that it was caused by the defendant’s act or omission, and that a court proceeding would be an appropriate remedy.
Most provinces in Canada have modernized their limitation statutes to adopt this principle. For example, Ontario’s Limitations Act, 2002 sets a basic two-year limitation period that begins not on the date of the incident, but on the date the claim is 'discovered'.
The law recognizes that some injuries — like occupational diseases (e.g., asbestos-related illness), medical misdiagnoses, or latent construction defects — may take years or even decades to manifest. Without discoverability, victims could be unfairly barred from seeking justice.
However, there is also an 'ultimate limitation period' — typically 15 years from the act or omission — beyond which no claim can be brought, regardless of discovery. This ensures legal certainty for defendants.
Statutory TextA claim is discovered on the earlier of the day on which the person with the claim first knew, or ought reasonably to have known, that the injury, loss or damage had occurred; that the injury, loss or damage was caused by or contributed to by an act or omission; that the act or omission was that of the person against whom the claim is made; and that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it.
— Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 5(1)(a) — Basic limitation period
Statutory TextRegardless of when a claim is discovered, the ultimate limitation period expires 15 years after the day on which the act or omission on which the claim is based took place.
— Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 15(1) — Ultimate limitation period
What Courts Have Said
Courts across Canada have consistently affirmed that discoverability is a factual inquiry — turning on what a reasonable person in the plaintiff’s circumstances would have known, not what they actually knew.
The Court held that discoverability applies to negligence claims where injury is not immediately apparent; the limitation period begins when the plaintiff knows or ought to have known the essential elements of the cause of action.
Reaffirmed that courts must assess discoverability contextually — considering the plaintiff’s knowledge, expertise, access to information, and whether reasonable diligence would have revealed the claim.
What to Do
Document all symptoms, medical visits, diagnoses, and communications related to your injury — especially dates when concerns first arose.
Consult a lawyer as soon as you suspect a link between your injury and a past event (e.g., exposure, surgery, product use).
Do not assume it’s too late — ask whether your claim was 'discoverable' only recently and whether the ultimate 15-year deadline has passed.
Preserve evidence (e.g., medical records, workplace logs, product manuals) that supports both the injury and its delayed manifestation.
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.