This article is an update on our original article on the suspension of limitation periods and procedural deadlines which can be found here.
On June 6, 2020, the Government of Ontario extended the suspension on limitation periods and procedural deadlines to September 11, 2020. Officially called Regulation 73/20 (the “Regulation”), the suspension applies to limitation periods. The Regulation also applies, subject to the relevant court or tribunal’s discretion, to deadlines by which any step must be taken in a proceeding or intended proceeding as established in “any statute, regulation, rule, by-law, or order made by the Government of Ontario”. At this point it is not clear how this discretion will be applied.
Significantly, earlier versions of the Regulation were tied to the declaration of emergency, providing that the suspension was “for the duration of the emergency”. The amended Regulation no longer includes this caveat. The suspension is currently valid up to and including September 11, 2020.
It is important to note that the suspension does not apply to the Construction Act and the regulations made under it insofar as they establish a limitation period or a procedural deadline in a proceeding or intended proceeding. The suspension also does not apply to certain other deadlines. For example, the Regulation does not apply where counsel agree to serve a document by a particular date, where a court orders that a step be taken by a particular date, or where the law that governs the proceedings is not Ontario law. Given the exemptions, litigants would be well-advised to consult legal counsel about whether the suspension applies to their specific situation.
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.