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.

Read more

Ontario Suspends Limitation Periods

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 of the Emergency Management and Civil Protection Act, RSO 1990, c E.9 suspending limitation periods for the duration of the emergency. The Order in Council 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 Order in Council dated March 20, 2020, filed with the Registrar of Regulations, can be downloaded here.

Read more

Limitation Periods during the Coronavirus Pandemic

To protect health and safety and help contain the spread of the novel coronavirus (COVID-19), the Ontario Superior Court of Justice has suspended all regular operations effective March 17, 2020 and until further notice.

In a Notice to the Profession, the Public and the Media Regarding Civil and Family Proceedings released on March 15, 2020, the court provided the following important guidelines that will have consequences on parties approaching statutory limitation periods in Ontario during this unprecedented pandemic:

  1. Ontario courthouses will currently remain open. Regular filings that are not urgent may continue to occur at courthouses. In the event that it becomes impossible to file at the courthouse, or the courthouse is believed to be unsafe, parties can expect the court to grant extensions of time once the court’s normal operations resume.
Read more