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Time Limits and Other Periods Act (COVID-19)

By Barbara Grossman and Ara Basmadjian
August 5, 2020
  • COVID-19
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Further to our blog post dated May 25, 2020, federal legislation providing for a COVID-19 related temporary suspension of federal limitation periods and procedural time limits in civil litigation has now been enacted — Bill C-20: An Act respecting further COVID-19 measures obtained Royal Assent and enacted the Time Limits and Other Periods Act (COVID-19) (the “Act”) on July 27, 2020.

Under the Act, time limits established by federal legislation for starting or taking steps in a civil proceeding are suspended for a maximum period of six months, as of March 13, 2020 and ending on September 13, 2020 or on an earlier date fixed by order of the Governor in Council on the recommendation of the Minister of Justice.

The Act also allows ministers to make temporary orders suspending or extending time limits in specified federal legislation, such as the Bankruptcy and Insolvency Act, RSC 1985, c B-3 and the Canada Business Corporations Act, RSC, 1985, for no more than six months, and to give such suspensions or extensions retroactive effect to March 13, 2020. These orders, however, cannot have effect beyond December 31, 2020 and cannot be made after September 30, 2020.

Finally, the Act contains certain transparency and parliamentary oversight clauses, and a safeguard expressly requiring the statute “to be interpreted in a manner that provides certainty in relation to proceedings and that respects the rule of law and the Canadian Charter of Rights and Freedoms.”

A federal government summary and explanation of this legislation can be found here.

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Barbara Grossman

About Barbara Grossman

As a partner in Dentons Canada LLP's Litigation and Dispute Resolution practice group, Barbara practises in all areas of commercial litigation, including class actions, with an emphasis on insolvency, banking and finance, and real estate litigation. Barbara also has extensive experience in the areas of professional liability, intellectual property litigation, estate, trust and pension litigation, litigation in the aviation industry and injunctions and other extraordinary remedies.

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Ara Basmadjian

About Ara Basmadjian

Ara Basmadjian is a Partner in the Litigation and Dispute Resolution group at Dentons Canada LLP. His practice involves a variety of complex corporate, commercial and civil litigation matters. Ara has particular experience in cases involving commercial contracts, negligence, product liability, class actions, competition law, cannabis in Canada, and extraordinary remedies, such as injunctions.

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