Legal Blog

Settlement Discussions and Limitation Period

1352194 Ontario Inc. v. Vince 2021 Ont SCJ (Div Ct)

Section 11 of Limitations Act 2002 provides for the suspension of a limitation period if the parties have agreed to have an independent third party resolve the claim or assist them in resolving it. Hiring a lawyer to discuss the settlement of a claim after the limitation period has already expired will not suspend the limitation period. Further, the lawyer who is retained is not an independent third party.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.