Limitations Periods Suspended (COVID-19)

ORDER UNDER SUBSECTION 7.1 (2) OF THE ACT

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

Whereas an emergency has been declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the "Act");

And Whereas the criteria set out in subsection 7.1 (2) of the Act have been satisfied;

Now Therefore, an Order is made pursuant to subsection 7.1 (2) of the Act, the terms of which Order are the following:

1. Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any limitation period shall be suspended for the duration of the emergency, and the suspension shall be retroactive to Monday, March 16, 2020.

2. Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any period of time within which any step must be taken in any proceeding in Ontario, including any intended proceeding, shall, subject to the. discretion of the court, tribunal or other decision-maker responsible for the proceeding, be suspended for the duration of the emergency, and the suspension shall be retroactive to Monday, March 16, 2020.

The duration of this Order is subject to any renewal required under subsection 7 .1 (4) and, if applicable, subsection 7.1 (5) of the Act.

Ontario (Attorney General) v. Nanji, 2020 ONCA 592 (CanLII)

[3] By order dated March 19, 2020, Chief Justice Morawetz ordered that “the eviction of residents from their homes pursuant to eviction orders issued by the Landlord and Tenant Board or writs of possession, are suspended” during the suspension of regular court operations due to the COVID-19 pandemic. At the end of June 2020, the Chief Justice advised that a phased resumption of some in-person hearings would begin on July 6, 2020. The AGO brought a motion seeking clarification about the status of future eviction orders. On July 6, 2020, the Chief Justice ordered that the moratorium on evictions – ordered in March 2020 – would end on July 31, 2020.

[11] The order of August 2, 2020 is interlocutory, and this court has no jurisdiction to hear the appeal: Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 6(1)(b), 19(1)(b).

[12] The appeal is quashed. Consequently, there is no need to consider the appellants’ motion for directions.