Suspension of limitation periods lifted for Construction Act matters
The Order to suspend limitation periods and procedural time periods during the COVID -19 emergency period has been amended, such that as of April 16, 2020, it will no longer apply to the Construction Act or its regulations. In effect, limitation periods were suspended from March 16, 2020 to April 16, 2020. Time will start to run again on April 16th, with the same amount of time to meet deadlines as there had been on March 16, 2020: See s.7.1(6) of the Emergency Management and Civil Protection Act.
Practice Management Tips and Limitations Resources
If you are handling a construction law matter such as a lien:
- Consider registering (i.e. preserving) the lien online as soon as possible to ensure that you do not miss the applicable limitation period.
- A certificate of action can be issued and filed online (i.e. perfection).
- You will need to meet all procedural deadlines under the Construction Act.
- Follow Court notices, and if you are unable to file a trial record in person or electronically, contact the Court to seek directions.
- Consider seeking the consent of counsel to bring a motion in writing or other procedural concerns.
Note that the action must be set down for trial within 2 years.
Continue to Monitor the Situation
Continue to monitor the situation for updates, and be ready to quickly issue actions if needed once the Order in Council has been lifted.