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 certain deadlines. For example, where counsel agree to serve a document by a particular date, where a court orders that a step be taken by a particular time, 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.
Originally published June 19, 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.