Suspended Limitation Periods (COVID-19)

Chan v Unger, 2021 CanLII 73579 (ON LTB)

7. The Tenant stated that most of the issues have been ongoing since 2017. She is seeking a 50% rent abatement for having to live with the disrepair issues for so long.

8. The Divisional Court in Toronto Community Housing Corp. v. Vlahovich, [2010] O.J. No. 1463 (Vlahovich), confirms that a remedy cannot go back farther than the one-year period prior to the filing of the application. As the Act is silent on the limitation period for issues raised by a tenant under section 82, I find it reasonable to consider the hearing date (November 25, 2020) as the closest equivalent to a tenant’s application filing date.

9. On March 20, 2020, pursuant to an order under the Emergency Order Management and Civil Protection Act, Ontario suspended limitation periods contained in provincial laws and procedural guidelines during the COVID-19 pandemic. The suspension was made retroactive to March 16, 2020 and ended on September 14, 2020. The Order temporarily suspended the operation of any provision of a statute, regulation, rule, by-law or order of the Government of Ontario establishing any limitation period.

10. The same six-month suspension applies to section 82 claims. Given this, the remedy cannot go back farther 18 months before the, or May 25, 2019.