Limitations Claims
Ontario limitation periods and procedural time periods resume September 14, 2020
By an Emergency Order dated March 20, the Ontario government suspended the running of most provincial limitation periods and procedural time periods retroactively to March 16 due to the COVID-19 emergency. The Emergency Order will be revoked on September 14, 2020. While the government has already lifted the suspension for some types of matters (Construction… Read More »
Categories: Civil Litigation, Limitations ClaimsFederal limitation periods extended
The federal government has passed legislation suspending federal limitation periods from March 13, 2020 to September 13, 2020, or any earlier day fixed by order of the Governor in Council made on the recommendation of the Minister of Justice. The Time Limits and Other Periods Act (COVID-19) was introduced as a Schedule to An Act… Read More »
Categories: Limitations ClaimsOntario Suspension of Limitation Periods and Procedural Deadlines Extended to September 11, 2020
On March 20, 2020, the provincial government, through the Lieutenant Governor in Council, made O. Reg. 73/20 under s. 7.1 of the Emergency Management and Civil Protection Act (EMCPA) suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. On June 5th, the provincial government made a further order continuing… Read More »
Categories: Civil Litigation, Limitations ClaimsSuspension 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… Read More »
Categories: Limitations ClaimsDownload our updated Limitations Period Resources
Missing a limitation period is a lawyer’s nightmare. Although most claims are subject to the 2 year limitation period set out in the Limitations Act, 2002, there are over 40 statutes that impose limitation periods in Ontario. LAWPRO has developed several resources to help lawyers navigate Ontario’s limitations periods and notice periods. The Limitations and… Read More »
Categories: Civil Litigation, Limitations ClaimsCommon Limitation Period Pitfalls and How to Avoid Them
It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsLimitation periods: Not just for litigators
Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »
Categories: Limitations ClaimsReview Your Files – The Ultimate Limitation Period is Arriving Soon
As of January 3, 2019, actions arising from acts or omissions that occurred prior to January 1, 2004, are statute barred by virtue of s. 15 of the Limitations Act, 2002, even if these errors were not discoverable before January 1, 2019. There will be very few exceptions. We strongly suggest that you review your… Read More »
Categories: Civil Litigation, Limitations Claims