Limitation Periods

COVID-19 update: Court must not cross the line to clear up hypothetical limitation period confusion

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The government suspended limitation periods between March and September due to COVID-19. The government believed that it had properly done so. Nevertheless, the government asked the court to confirm it had properly done so due to amorphous concerns that had been raised. Justice Myers dismissed this application as it would have the court cross the line that separated an independent judiciary from the executive and legislative branches. The government had….

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Courts, Limitation periods

COVID-19 update: Government Works to Fix Potential Limitation Period Problem

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In order to respond to the COVID-19 pandemic, the government suspended limitation periods and other statutory deadlines between March and September. However, due to concerns about the manner in which the suspension was lifted, the government is currently seeking a declaration that the limitation period was, in fact, validly suspended during this time (as a contrary holding would invite chaos). As I previously blogged, in order to respond to the….

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Courts, Limitation periods

COVID-19: Emergency Orders Extended and Courts to (Partially and Potentially) Reopen

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Earlier today, the Ontario government extended all its emergency orders (including the order suspending statutory deadlines). de VRIES LITIGATION LLP brings you this special Saturday blog on this matter and other breaking developments on the justice system and COVID-19. As noted in my previous blog, the Ontario government made an order under sections 7.01 and 7.1 of the Emergency Management and Civil Protection Act to suspend limitation periods and other….

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Courts, Estate Litigation, In the News

COVID-19 update: Limitation Periods Suspended and Working from Home

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As I noted in my previous blog on COVID-19, the civil courts (including the estates list) have suspended regular operations. Now that government has made an order under sections 7.01 and 7.1 of the Emergency Management and Civil Protection Act to suspend limitation periods and other statutory deadlines as at March 16, 2020. Under the order, any limitation period statute, regulation, rule, by-law or government order is suspended for the….

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In the News

Incapable People and Limitation Periods

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When does the limitation period start running regarding an incapable person who does not have a formal litigation guardian? Despite the language of the Limitations Act, 2002, a court found in Rekowski v. Renfrew (County), 2019 ONSC 2852 that the answer to this question is not clear. In 2009, Kenneth was injured in a car accident, suffering a catastrophic brain injury. The driver of the other car sued Kenneth in 2011….

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Capacity Law, Power of Attorney
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