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Suspension of Limitation Period Feedback

The Ontario Paralegal Association and various other stakeholders meet with the Ministry of the Attorney General to provide feedback on the suspension of limitation periods, reopening of the justice system, and COVID 19.

Three options were discussed:

Option #1

The suspension limitation period is linked with the State of Emergency. Once the State of Emergency is over, the suspension of limitation period is removed.

Option #2

After the State of Emergency is lifted, the suspension of all limitation periods will last another 45 days.

Option #3

After the State of Emergency is lifted, the suspension of all limitation periods will last another 90 days.

The Ontario Paralegal Association recommends Option #3 as it will give all paralegals and lawyers ample time to get everything in order.

The Ontario Paralegal Association is looking for feedback on either the options provided OR any other possible solutions. To provide feedback, you can leave a comment here or send an email to President George Brown at president@opaonline.ca.

Comments (11)

Option three, AMENDED – 90 days extension of Limitations period is a good way to avoid a pile up at the Courts and Tribunals, if done by Month would be even better, for example March matters are 60 days past day 1, April matters 90 days past day 1, May matters 120 days past day 1 and June matters 150 days….so there is not a run on Court services as the limitations expire. Bruce Parsons, Bruce@courtrep.ca.

I choose option 3 as well. We need more time for preparation and to get back in normal. Courts will deal backlogs for sure.

Option 2 is perfect to be justify among both parties.

I agree with Option No. 3

I do not agree with the option choosing by the OPA, I have clients waiting right now to move their file forward. All hearing dates were cancelled and need to be rescheduled, which means there will be quite a wait for new hearing dates as it is, 90 more days equals three (3) more months on top of the months already lost.
Nevermind the fact that many paralegals need to schedule new dates for any files that have come in or that were not giving dates due to the emergency order coming into effect.
The longest we should wait for suspensions to be lifted is fourteen (14) days, no longer.
I appreciate that the OPA wants to add a voice to this, however, all paralegals should be able to their own voice.

Option #3 makes the most sense as everyone is readjusting after the shut down and 90 days would allow ample time to ensure all parties in any legal matter are properly represented

Hello:

I will support option # 3.
I hope everybody is well and safe.

Thank you

Of the options presented, I agree with the OPA recommendation – extension of the suspension of the Limitations period by 90 days to allow everyone to get their house in order. I assume, in stating this, that we are talking only about the deadlines defined under the Limitations Act.
I would also like the order to include specific details, such as dates, to avoid any confusion. Such as
1) any action that would have otherwise been statue barred under the Limitations Act if the action had not commenced between between xxxx and xxxx.
2) will not be considered to be statute barred, provided the action is commenced on or before xxxxxx.

I agree with the OPA. Option 3 is the best because it gives everyone ample time to prepare.

I completely agree with Stephanie. 14 DAYS is suffice – 30 DAYS At Most. Enough is enough. The only people who want the periods extended to 3 months are lazy Paralegals and Lawyers who can’t move quickly…supporters of “Toronto style litigation” ie. never ending delay.

The civil justice system doesn’t exist to serve legal practitioners and their inability to move quickly. The system serves the public; who need things to move quickly and efficiently. Litigants have been waiting now for months – and adding an additional 3 months is just absurd. The problem of delay is already a major problem in the Ontario court system.

Like what have people been doing for 3 months during the emergency – besides sitting at home watching Don Lemon. They could have been preparing their claims this whole time.

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