What Happens If You Miss the Deadline for an LTD Claim in Canada

Missing a deadline on your long term disability (LTD) claim can have serious consequences. While policies and timelines can be confusing, one thing is clear: when it comes to LTD claims in Canada, time matters.

In this blog, we’ll explain the key deadlines for filing LTD claims in Canada, what happens if those deadlines are missed, and what you can do if you find yourself in this situation.

LTD Claim Deadlines in Canada

Understanding long term disability claim deadlines in Canada is crucial from the moment your claim is denied—or even before you apply.

Most LTD policies require that:

• You apply for benefits within a specific period (often within 90 days after the end of the elimination period).
  
  

• If denied, an appeal or legal claim should happen within a contractual limitation period (often 1 year from the denial or application deadline).
  
  

• The Statutory Limitation Period in Ontario, under the Limitations Act, is 2 years, and may apply in some cases regardless of the contract’s terms.
  
  

However, the details vary depending on the wording of your policy. Check your policy for specific details.

What Happens If You Miss the LTD Claim Applying Deadline?

If you miss the deadline to apply for long term disability benefits, your claim could be denied—even if you are seriously ill or injured.

Most LTD insurance policies in Canada give you a certain amount of time to apply for benefits. This is often 90 days after the end of the elimination period that starts when you stop working. If you apply too late, the insurance company may say you gave up your right to benefits.

Even if the insurance company knows you're unable to work, they might still deny your claim just because it was filed too late. Once that happens, it can be difficult to get them to change their decision.

Sometimes people try to explain why they missed the deadline—maybe they didn’t understand the rules, or were too sick to file on time. But that doesn’t always help. In some cases, a judge might allow a late claim using a legal rule called “relief from forfeiture,” but that’s not guaranteed and can be very difficult to get.

Here’s what to keep in mind:

• Apply as soon as possible after you stop working.
  
  

• Don’t wait for your employer or insurance company to remind you.
  
  

• Talk to a lawyer right away if you think you’re running out of time or already missed the deadline.

Missing the deadline can cost you your benefits—even if your disability is real. Acting quickly is the best way to protect your claim.

What Are the Legal Time Limits to Sue or Appeal?

If your LTD claim is denied or your benefits are stopped, you have a limited time to fight back. There are two main kinds of deadlines you should know about:

1. Deadlines in Your Insurance Policy (Contractual Deadlines)

Your policy may say that you only have one year to take legal action after your claim is denied or after you were supposed to apply. These are called contractual limitation periods, and they are often very strict.

If you miss this deadline, the insurance company might refuse to even look at your case, and a judge could agree with them.

2. Deadlines in the Law (Statutory Limitation Periods)

In many provinces, the law says you have up to two years to start a lawsuit from the day you knew (or should have known) that your claim was denied. This is called the statutory limitation period. It gives you more time—but not always.

In some cases, courts have said that insurance companies must follow the two-year rule. In others, courts have allowed the one-year deadline in the policy to stand. Because of this, it’s hard to know which deadline applies until a lawyer reviews your case.

What About Appeals?

If your claim is denied, your insurance company might give you 30, 60, or 90 days to appeal the decision. But be careful—just because you file an appeal doesn’t mean you stop the clock on the deadline to sue. If you spend too long on appeals, you could lose your chance to take legal action. Appealing a denied claim may not be your best solution to access your long term disability benefits.

What to Do If You Missed the Deadline

If you've missed an LTD appeal deadline in Canada or failed to submit your application on time:

• Don’t panic—but act fast. You may still have options, especially if your delay was short or if your policy does not override the statutory 2-year limit.
  
  

• Do not rely solely on information in denial letters. These letters often refer to 30, 60, or 90-day windows to appeal, which may not reflect the full legal picture.
  
  

• Speak to a lawyer immediately. A disability lawyer can assess whether there are legal arguments that may preserve your rights.
  
  

• Avoid further delay. Waiting too long can prejudice your chances of recovering any benefits, as seen in the Wiles case.
  
  

How Share Lawyers Can Help with Your Denied LTD Claim

At Share Lawyers, we help Canadians navigate the complexities of long term disability claims and appeals—especially when deadlines have been missed. We’ve worked with over 9,000 clients and understand how insurers try to deny valid claims based on technicalities or confusing time limits.

Here’s how we can help:

• Free initial consultation to assess your situation.
  
  

• Deadline analysis to determine your real limitation period.
  
  

• Filing appeals or lawsuits quickly and correctly to preserve your rights.
  
  

• Relief from forfeiture arguments where appropriate if deadlines were missed.
  
  

Missing an LTD deadline in Canada doesn’t always mean your case is over—but you must act quickly and get legal guidance to keep your claim alive.

Don’t Wait Until It’s Too Late

If your long term disability claim has been denied or delayed—or if you're worried you’ve already missed an LTD deadline in Canada—contact Share Lawyers today. The sooner you reach out, the more options you may have to fight back and secure the benefits you deserve.