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Questions about filing a lawsuit and the impact of the COVID-19 pandemic?

By Devin Buchanan (posts)

Ordinarily there is a two-year limitation period to file a lawsuit, from the date you discovered your loss.

COVID-19 Response – Limitation Periods Temporarily Suspended

The Province suspended limitation periods in response to the COVID-19 pandemic

on March 25, 2020.  That suspension ended March 25, 2021.  The effect of the suspension on your deadline for filing a lawsuit depends on when the limitation period in your case would normally have expired.

What does this mean for me?

If the limitation period expired before the suspension, then there is no effect – the limitation period remains expired.

If the limitation period would normally have expired sometime during the suspension, then add 1 year to the limitation period.  For example, if your invoice was due April 16, 2018, the limitation period would normally expire April 16, 2020.  Due to the suspension, the limitation period now expires April 16, 2021.

If the limitation period began to run before March 25, 2020, and would normally have expired after March 26, 2021, then add 1 year to the limitation period.  For example, if your invoice was due June 17, 2019, the limitation period would normally expire June 17, 2021.  Due to the suspension, the limitation period now expires June 17, 2022.

If the limitation period began to run during the suspension, then the limitation period expires March 26, 2023, two years after the end of the suspension.

Questions? Contact our Business Disputes Team – we’re here to help.

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