A Further Update on the Suspension of Limitation Periods and Procedural Timelines in Ontario

We are continuing to monitor the rapidly changing legal landscape under the COVID-19 pandemic.

On June 8th 2020, I published an update on the Ontario government’s decision to suspend limitation periods and procedural deadlines for the duration of the state of emergency. At that time, the suspension of limitation periods and procedural deadlines had been extended to September 11, 2020. As of August 20, 2020, the Government of Ontario has announced that under the Reopening Ontario Act, 2020, the limitation periods order will end and suspended time periods will resume on September 14, 2020. This means that the limitation periods suspended on March 16, 2020 will start running again on September 14, 2020 and will have been suspended for 26 weeks. In other words, a potential plaintiff who has not yet commenced a claim and whose limitation period was caught under the emergency suspension will now have an extra 26 weeks to file a lawsuit.

The general limitation period in Ontario is two years from the date of loss, e.g. in a breach of contract case the lawsuit must be started within two years from the date of the breach.

If you are considering starting a lawsuit, please speak with a lawyer to find out how the resumption of limitation periods on September 14, 2020 might affect your claim.