Suspended Limitation Periods (COVID-19)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-12
CLNP Page ID:	1651
Page Categories:	[Limitations]
Citation:	Suspended Limitation Periods (COVID-19), CLNP 1651, <3x>, retrieved on 2024-05-12
Editor:	Sharvey
Last Updated:	2021/10/27

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.

TNT-08686-18 (Re), 2021 CanLII 88300 (ON LTB)

3. On March 20, 2020, however, 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 Monday March 16, 2020. The Order suspended the operation of any provision of a statute, regulation, rule, by-law or order of the Government of Ontario establishing any limitation period temporarily. Under the Reopening Ontario Act, 2020, suspended limitation periods and time periods resume on September 14, 2020. That means that the last day of the suspension period was September 13, 2020.

Medallion Corporation v Hallatt, 2021 CanLII 85078 (ON LTB)

7. On March 20, 2020, pursuant to an order under the Emergency Order Management and Civil Protection Act (the ‘Emergency Order’), Ontario suspended limitation periods contained in provincial laws and procedural guidelines during the current pandemic. The suspension was made retroactive to March 16, 2020. The Emergency 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; or

• period within which any step must be taken in any proceeding in Ontario, including any intended proceeding, subject to the discretion of the court, tribunal or other decision-maker responsible for the proceeding.

8. Restated for the purpose of this matter, for any limitation period under the Board that was to have started running on or after March 16, 2020, the province’s Emergency Order pushed out that same limitation period to start running only after September 11, 2020.