Internal Appeals and Disability Claims. When does the Clock start Ticking?

Ontario’s basic two-year limitation period for issuing civil claims has been suspended in response to the global pandemic and the closing of the Courts for all but the most urgent matters. An Order in Council has been made under the Emergency Management and Civil Protection Act, effective immediately.

Litigation deadlines set out in the Rules of Civil Procedure have also been suspended, including the six-month window in which to serve an issued claim.The suspension of limitation periods is set to expire on June 14, 2020, unless it is renewed.  We anticipate that limitation periods will remain suspended for the duration of the state of emergency. Anyone facing a limitation period should still seek legal advice with respect to a claim, as the basic limitation period of two years does not apply to all claims or causes of action.

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Author
Hamish Mills-McEwan
Associate Lawyer