Most limitation periods in Ontario were suspended due to the COVID-19 pandemic. The suspension started on March 16, 2020, and limitation periods resumed running on September 14, 2020.
In a previous blog post, we noted that the regulation that provided for the suspension, Ontario Regulation 73/20, indicated that “the temporary suspension period shall not be counted” towards the limitation period.
Given that the regulation was revoked, there appears to be some question as to whether or not the temporary suspension period counts towards the limitation period.
The Attorney General of Ontario has brought an application seeking a declaration that the temporary suspension period does not count towards the limitation period. The notice of application was filed on October 1, 2020. We will provide an update once the court renders a decision on this issue.
*Update: the Court released a decision on November 16, 2020. A summary of the outcome of the application is contained here.