Why Delay Can Hurt Your Case: What Ontario Courts Are Saying About Moving Personal Injury Claims Forward

July 10, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

When you’re injured in Ontario, time is of the essence. Recent court decisions show that delays in pursuing personal injury claims can have serious consequences—including dismissal of your case. Understanding why timely action matters and how to avoid costly delays is crucial for protecting your rights and maximizing compensation.

At Deutschmann de Koning Personal Injury Law, we emphasize prompt legal action to ensure your claim proceeds smoothly under Ontario’s evolving litigation rules.

The Courts Are Taking Delay Seriously

Ontario courts have increasingly expressed frustration with prolonged inactivity in personal injury cases. In notable decisions, judges have reinstated cases after delays caused by parties or their lawyers but also warned that unreasonable delays may lead to case dismissals.

These decisions reflect a growing expectation that plaintiffs and defendants act diligently. The courts are empowered to dismiss claims if parties fail to move their cases forward within reasonable timeframes.

Why Delays Happen

Delays in personal injury claims can result from many factors, including:

• Waiting too long to seek legal advice
• Failure to promptly gather and exchange medical records
• Slow responses to insurance companies or opposing counsel
• Court backlogs and scheduling issues

While some delays are unavoidable, many can be prevented with proper legal guidance from the start.

What Delay Means for Your Case

Delays can harm your claim in several ways:

• Evidence may deteriorate: Witness memories fade, and physical evidence may disappear.
• Medical documentation gaps: Late or missing medical reports weaken proof of ongoing injury.
• Statute of Limitations risk: Ontario’s two-year limitation period means claims filed too late can be barred.
• Increased legal costs and stress: Prolonged litigation can drain resources and cause frustration.

How Deutschmann de Koning Law Helps You Avoid Delay

Our personal injury lawyers in Ontario prioritize early action. We help clients:

• Gather medical evidence quickly
• File claims within limitation periods
• Communicate effectively with insurers and defendants
• Navigate court procedures efficiently

This proactive approach reduces the risk that your claim will be dismissed or delayed unnecessarily.

If you’ve been injured in Ontario, don’t wait. Contact Deutschmann de Koning Personal Injury Law today to ensure your claim moves forward promptly and successfully. Visit ddinjurylaw.com for a free consultation.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.