Limitation Periods During COVID-19

Overview of Limitation Periods in Family Law

A limitation period is defined as the maximum amount of time that an individual has to file a claim. For example, the Family Law Act sets out that married spouses must make a claim for the equalization of net family property within the earliest of:

1. Six months after the spouse’s death;
2. Two years after the divorce order; or,
3. Six years after the date of separation.

Failing to make a claim within the earliest of the aforementioned dates will preclude the claimant from claiming an equalization payment.

Limitation Periods During COVID-19

On March 20, 2020 the Ontario provincial government announced that all limitation periods and procedural time periods would be suspended, under s. 7.1 of the Emergency Management and Civil Protection Act (EMCPA).

 On June 5, 2020, the government made an additional order, which continued the suspension of limitation periods up to and including September 11, 2020. On this date the order was also amended to allow for driver’s license suspensions under the Family Responsibility and Support Arrears Enforcement Act. These suspensions are used to ensure child and/or spousal support payments are carried out appropriately.

As an update, the Order suspending limitation periods has been lifted. It is important that you speak to a lawyer to ensure that no deadlines relating to your case expire.

For more information on limitation periods during COVID-19 contact Krol & Krol at 905.707.3370.