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COVID-19 – Limitation and Procedural Deadlines

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The Government of Ontario has enacted a regulation pursuant to the Emergency Management and Civil Protection Act (the “Regulation”).

The Regulation suspends the running of any limitation period and any deadline or time by which a certain step must be taken in a proceeding or intended proceeding. The suspension is retroactive to March 16, 2020, and runs up to 90 days. The Regulation may thereafter be extended.

The Regulation will halt the limitation period from running under the Limitations Act (which is applicable to most claims in Ontario). It will also likely extend the period by which a construction lien must be preserved and/or perfected.

The Regulation only applies to statutes and regulations enacted by the Government of Ontario, including the Limitations Act, the Rules of Civil Procedure, the Construction Act, and the Business Corporations Act.

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