Amid the widespread disruption caused by the COVID-19 outbreak, the Ontario government has issued an Order under the Emergency Management and Civil Protection Act suspending limitation periods (for example, under the Limitations Act, 2002) and procedural time periods including time limits under the Rules of Civil Procedure as well as any other legislation containing time limits.
What you need to know
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The Order is retroactive to March 16, 2020, and continues for the duration of the emergency.
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For Ontario municipalities, this Order applies to "any intended proceeding" and will affect the 10-day notice period under the Municipal Act, 2001 and City of Toronto Act, 2006. It appears that the requirement to give notice is effectively suspended for the duration of the emergency, subject to the discretion of the court.
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The availability of electronic issuance of Statements of Claim is continuing during the emergency. While the presumptive two-year limitation period under the Limitations Act, 2002 has effectively been suspended, litigants may nevertheless choose to proceed with issuing claims during this time.
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Similarly, procedural time limits under the Rules of Civil Procedure (e.g. for filing a Statement of Defence or serving a Statement of Claim) have also been suspended, subject to any court order otherwise. However, as of March 23, 2020, Statements of Defence and crossclaims may also be issued electronically in the Superior Court. Defendants may therefore continue to file Statements of Defence, although they are not required to do so for the time being.
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.
