Tolling Agreement Ontario Precedent

Part of the printing when filing a complaint is certain that they will file before the applicable statute of limitations. A toll agreement is a written agreement signed by both parties for a possible appeal that suspends the statute of limitations for an agreed period. On the basis of this decision, it is clear that some informal agreements between parties to refer disputes to other independent third parties for assistance in resolving them may result in a suspension or statute of limitations. The toll agreement must specify the length of time the parties suspend the statute of limitations. However, the informality of S. 11 is a double-edged sword. While an informal agreement can be used to suspend a statute of limitations, denunciations of the exit from the agreement may also be informal. In this case, the e-mail correspondence suggesting termination of the contract was sufficient to repeat the term of limitation. Therefore, where one party feels that a limitation period is suspended or is dotted, it is important to ensure that the other party has not communicated its intention to withdraw from the efforts to resolve the dispute or anything that may be construed as such.

Fowler submitted that language indicates when an action or action can be brought, i.e. within five years. As the applicant argued, this situation is different from the statute of limitations in other jurisdictions, which generally focus on the applicant`s obligations. Fowler argues, therefore, that the law provides for a judicial delay that deprives the court of the opportunity to hear appeals beyond that period, even if a toll agreement is concluded. So if you think you might soon be involved in a lawsuit, consider buying some time with a toll contract. You get some of the benefits of a process strategy without any cost. For the complainants, this is a potential vital artery to expand the time to launch legal action. Applicants may not be required to take legal action when they rely on experts to set a right or to determine whether another jurisdiction has exclusive jurisdiction or not. Nevertheless, the doctrine of appropriate means is not without limits and applicants are always best served to obtain a toll agreement in order to avoid a dispute over statutes of limitations. In exchange for the plaintiff delaying the filing of an appeal until the expiry of the toll agreement, the defendant agrees to waive the right to use that time to calculate the expiry period of the claim. With the statute of limitations suspended, the parties may have the necessary time to negotiate and resolve the dispute.

The threat of possible litigation is the elephant in space that makes an agreement on tolls effective. A savvy potential complainant may use this elephant as an advantage, as a potential accused may well lean back to not be prosecuted. On the other hand, this “discovery phase” can be costly, frustrating and tedious in a trial. For example, a toll agreement may provide a potential complainant with the opportunity to save money and obtain more information from the defendant than he would normally offer.