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September 2022

COVID-19: Suspensions & Extensions of Limitation Periods in Canada

The following white paper reports on pandemic-related suspensions to limitation periods across Canada and provides guidelines for calculating limitation periods in the affected jurisdictions. Thank you to all CLC-affiliated firms for their assistance in compiling this information.

Alberta

Limitation periods were suspended from March 17, 2020, to May 31, 2020, inclusively, for 75 days. Ministerial Order M.O. 27/2020 provides that the temporary suspension period shall not be counted and that the limitation period resumes running on June 1, 2020.

As a result, if a cause of action arose or was discovered before March 17, 2020, and the limitation period was set to expire during or after the suspension period, then the limitation period is extended by 75 days. If an action arose or was discovered during the suspension period, then the limitation would have begun to run on June 1, 2020, therefore, in the event of a two-year limitation period, it would expire on June 1, 2022.

The Ministerial Order explicitly sets out the enactments to which this suspension applies. Notably, limitation periods set forth under the Insurance Act and the Builders' Lien Act were not suspended.

British Columbia

Limitation periods and mandatory time periods in British Columbia enactments or laws for the commencement of a civil or family action, proceeding, claim, or appeal were suspended from March 26, 2020 (Ministerial Order No. M086) to March 25, 2021 (Order in Council 655/2020), inclusively, for one year.

As a result, if a cause of action arose or was discovered before March 26, 2020, and the limitation period was set to expire during or after the suspension period, then the limitation period is extended by one year. If a cause of action arose or was discovered during the suspension period, then the limitation would have begun to run on March 26, 2021, therefore, in the event of a two-year limitation period, it would expire on March 26, 2023.

Ministerial Order No. M098, which repealed and replaced Ministerial Order No. M086, excluded from suspension the limitation periods established under the Builders Lien Act and Division 5 of Part 5 of the Strata Property Act, which also deals with builder liens.

New Brunswick

Limitation periods were suspended between March 19, 2020, and September 18, 2020, inclusively, for six months. The limitation periods have since resumed running on September 19, 2020. The renewed and revised Mandatory Order provides that the period from March 19, 2020, to September 18, 2020, shall not be counted in calculating the limitation period. As a result, it appears that to calculate a limitation period that was set to expire during the suspension period, a period of six months must be added to the original expiration date. If a loss arose or was discovered during the suspension period, then the limitation would have begun to run on September 19, 2020.

Newfoundland and Labrador

Limitation periods were suspended between March 14, 2020, and September 14, 2020, for six months. Order O.C. 2020-070 provides that where the limitation period was set to expire during the suspension period (on or after March 14, 2020, and before September 14, 2020), then an action could be brought on or before September 14, 2020. This means that all limitation periods which were to expire between March 14, 2020, and September 14, 2020, have now effectively expired, unless a claim was already filed by no later than September 14, 2020.

Matters in which a cause of action arose or was discovered before March 14, 2020, or during the suspension period and where the limitation was set to expire after the suspension period, remained unaffected.

Ontario

Limitation periods in civil matters were suspended from March 16, 2020, to September 14, 2020, inclusively, for 26 weeks, except those under the Construction Act (notably for matters such as construction liens and holdback deadlines). Section 7.1(6) of the Emergency Management and Civil Protection Act provides that where limitation periods are suspended under the statute, the limitation period resumes running on the date on which the temporary suspension ends, and the temporary suspension period shall not be counted. As such, limitation periods started to run again on September 14, 2020.

As a result, if a cause of action arose or was discovered before March 16, 2020, and the limitation period was set to expire during or after the suspension period, then the limitation period is extended by 26 weeks (or 182 days). If a cause of action arose or was discovered during the suspension period, then the limitation would have begun to run on September 14, 2020, therefore, in the event of a two-year limitation period, it would expire on September 14, 2022.

Quebec

Deadlines for extinctive prescription in civil matters were suspended, pursuant to Order No. 2020-4251, on March 15, 2020, for 170 days. Deadlines started to run again on September 1, 2020, pursuant to Order No. 2020-4303.

Therefore, if an action arose or was discovered before March 15, 2020, and the deadline was set to expire during or after the suspension period, then the deadline is extended by 170 days. If an action arose or was discovered during the suspension period, then the limitation would have begun to run on September 1, 2020, therefore, in the event of a three-year limitation period, it would expire on September 1, 2023.

It should be noted that there is an exception in matters concerning repossessing of a dwelling or eviction of a tenant or occupant of a dwelling as Ministerial Order No. 2020-005 ordered that starting March 17, 2020, the effects of any judgment by a tribunal or any decision by the Régie du logement authorizing the repossession of a dwelling or the eviction of the lessee of a dwelling were suspended as were the effects of any judgment or any decision ordering the eviction of the lessee or occupant of a dwelling (with certain exceptions) and that the suspension was lifted on July 6, 2020, by Ministerial Order No. 2020-4282.

Yukon

The Government of Yukon initially declared a state of emergency arising from the COVID-19 pandemic which lasted from March 27, 2020, to August 25, 2021, inclusive.

Limitation periods for the commencement of a civil or family action, appeal, or proceeding in a court that would have expired during the COVID-19 state of emergency or within 30 days after the emergency ends were suspended pursuant to the Civil Emergency Measures Limitations and Legislated Time Periods (COVID-19) Order, Ministerial Order 2020/25. Any limitation period that would have expired during this period was extended and expired 90 days after the termination of the state of emergency (ie. On November 23, 2021).

The Government of Yukon subsequently declared another state of emergency lasting from November 8, 2021, to March 17, 2022, inclusive. However, MO 2020/25 was not specifically renewed, but rather the enacting legislation for this subsequent state of emergency, Civil Emergency Measures Act, Order-In-Council 2021/144, which is silent on limitation periods. Therefore, limitation periods remained unaffected by the second state of emergency period.

Saskatchewan, Manitoba, Nova Scotia, Prince Edward Island, Nunavut, and the Northwest Territories announced no suspensions; therefore, the limitation periods in these jurisdictions remain unaffected.

Download the regular Limitation Periods Chart for Canada compliments of CLC. The information in this chart has been reviewed and updated as of the date of this white paper. Should you have any questions, please contact Sanja Kraljevic, who will direct you to the appropriate firm contact.


 
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