Extension of the Suspension Order to May 12, 2020

Limitations periods and procedural deadlines in Ontario have been suspended since March 16, 2020 pursuant to Ontario Regulation 73/20 (the “Suspension Order”) made under the Emergency Management and Civil Protection Act, RSO 1990, c E.9 (the “Act”). The Suspension Order was amended on April 9, 2020 by Ontario Regulation 137/20 to create two carve-outs, including most notably effective from and after April 16, 2020 the Construction Act, RSO 1990, c C.30and the regulations made under it.

The Suspension Order is subject to limitations in its duration and scope, as discussed in our earlier post.

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Extension of the Order in Council to April 14, 2020

In an effort to stop the spread of the coronavirus (COVID-19), the Government of Ontario recently extended the Declaration of Emergency to April 14, 2020.

A copy of Ontario Regulation 105/20 can be found here.

Accordingly, the Order in Council dated March 20, 2020, suspending statutory limitation periods and, subject to the discretion of the court, tribunal, or other decision-maker responsible for the proceeding, procedural timelines continues in effect until April 14, 2020.

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Suspension of Limitation Periods and Procedural Deadlines in Ontario: An Update

Background

As has been widely discussed, in light of the unprecedented impact of the novel coronavirus (COVID-19), on March 20, 2020, the Lieutenant Governor made an Order in Council under section 7.1(2) of the Emergency Management and Civil Protection Act, RSO 1990, c E.9 (the “Act”) suspending limitation periods for the duration of the emergency (the “Suspension Order”). The Suspension Order also suspends procedural time periods, subject to the discretion of the court, tribunal, or other decision-maker responsible for the proceeding. The suspensions are retroactive to March 16, 2020. A copy of the Suspension Order, filed with the Registrar of Regulations (as O.

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