Update on Newfoundland and Labrador variation of limitation periods and statutory timelines during COVID-19 pandemic
In our update on April 2, 2020, Newfoundland and Labrador passes law to allow variation periods and statutory timelines during COVID-19 pandemic, we reported on Newfoundland and Labrador’s passage of the Temporary Variation of Statutory Deadlines Act (the “Act”).1
Since our last update, there have been several procedural variations enacted, but few substantive variations. However, that has changed in the past week.
On April 24, 2020, the Lieutenant-Governor in Council made an order under the Act2 extending:
- Most of the limitation periods in the Limitations Act;3
- Statutory deadlines in the Human Rights Act, 2010;4 and
- Statutory deadlines in the Family Law Act.5
These variations will have a significant impact on litigants with claims in Newfoundland and Labrador.
Limitations Act
The Limitations Act establishes, in general, time limitations for beginning a claim in the courts of Newfoundland and Labrador.
Limitation periods are crucial dates because in almost all cases, if a claim is not filed on our before the period expires, the right to start the claim is extinguished. Expired limitation periods are a tremendous risk for both litigants and their lawyers.
A limitation period begins to run from the date that the loss or damage was suffered, or when the person bringing the claim ought to have known that loss or damage was suffered.
Depending on the nature of the claim, the limitation period for a claim may be 2 years, 6 years, 10 years, or 30 years. The majority of claims in this province are subject to a 2 year or 6 year limitation period.
The recent order made under the Act accommodates the impact of COVID-19 on normal personal and business operations by extending virtually all limitation periods6 under the Limitations Act by 6 months.
In particular, the order states that claims with a limitation period that would otherwise expire after March 14, 2020 and before September 14, 2020, may now be commenced on or before September 14, 2020.
Given the serious consequences of missing a limitation period, litigants should carefully review this order against the timing of any claim or potential claim.
Human Rights Act, 2010
The Lieutenant-Governor’s order extends:
- The 12-month limitation period to file a complaint with the Human Rights Commission;
- Any such right that would otherwise expire after March 14, 2020 and before September 14, 2020, may now be exercised on or before September 14, 2020;
- The 30-day deadline to file a judicial review application from a total or partial dismissal of a complaint;
- Any such right that would otherwise expire after March 14, 2020 and before September 14, 2020 may be exercised within 120 days from the date of service of the notice of dismissal;
- The 30-day deadline to file an appeal and an application for leave to appeal a decision of a board of inquiry;
- For appeals as of right, any such right that would otherwise expire after March 14, 2020 and before September 14, 2020 may be exercised within 120 days from the date of service of the order of the board of inquiry;
- For applications for leave to appeal, any such right that would otherwise expire after March 14, 2020 and before September 14, 2020 may be exercised within 120 days from the date of service of the order of the board of inquiry.
Family Law Act
The Lieutenant-Governor’s order extends:
- The 1 year, 2 year, or 6 year deadline for an application for division of matrimonial assets;
- Any such right that would otherwise expire after March 14, 2020 and before September 14, 2020 may be exercised on or before September 14, 2020;
- The 2 year deadline for an application for spousal support;
- Any such right that would otherwise expire after March 14, 2020 and before September 14, 2020 may be exercised on or before September 14, 2020.
Other deadline variances
On April 24, 2020, the Minister of Justice made an order extending the time to apply to set aside an award made by an arbitrator under section 14(2) of the Arbitration Act.7 The 60-day deadline to make an application to the Supreme Court of Newfoundland and Labrador has been extended to 6 months, where the award is received after April 24, 2020 but before October 24, 2020.
An update will follow with any further developments.
1 SNL 2020, c T-4.02.
2 https://www.gov.nl.ca/snl/files/NLG20200424.pdf.
3 SNL 1995, c L-16.1.
4 SNL 2010, c H-13.1.
5 RSNL 1990, c F-2.
6 Including those limitation periods in sections 5, 6, 7, 9, 14(3), and 22.
7 RSNL 1990, c A-14.
This update is intended for general information only. If you have questions about the above, please contact a member of our Litigation & Alternative Dispute Resolution Group.
Click here to subscribe to Stewart McKelvey Thought Leadership articles and updates.
Archive
Joe Thorne1 and Justin Hewitt2 In Unifund Assurance Company v Churchill,3 the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in…
Read MorePerlene Morrison Prince Edward Island’s municipal legislation is being modernized with the implementation of the Municipal Government Act (the “MGA”). The legislation has now received royal assent and will be proclaimed in force at a future date.…
Read MoreJonathan Coady and Chera-Lee Gomez It’s that time of year – the moment when we look back at the year that was and chart our course for the year ahead. For many councillors, administrators and planning professionals…
Read MorePeter McLellan, QC and Michelle Black In a recent decision, R v McCarthy’s Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a “constructor” on a job site. This is critical as…
Read MoreRick Dunlop On December 13, 2016, the Government of Canada released A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation (“Report”). The Report’s…
Read MoreBrian Johnston, QC Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024. Employers know that medical marijuana…
Read MoreJonathan Coady With its decision in Canada Post Corporation v. City of Hamilton,1 the Ontario Court of Appeal has confirmed that the placement of community mailboxes by Canada Post is a matter beyond the reach of municipalities…
Read MoreJennifer Taylor Introduction Thanks to some dirty windows, insurance lawyers have a new go-to Supreme Court case on issues of policy interpretation: Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. The insurers in Ledcor Construction had…
Read MoreJennifer Taylor Introduction Appeal courts in Ontario1 and Nova Scotia2 have now issued decisions about Trinity Western University’s proposed law school (“TWU”) in British Columbia, and at first glance they couldn’t be more different. The Court of Appeal for…
Read MoreJoe Thorne1 and Giles Ayers2 Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable evidence, and permit litigants to assess their legal exposure…
Read More