Ontario’s provincial government has passed a regulation pursuant to section 7.1 of the Emergency Management and Civil Protection Act which suspends all limitation periods and procedural timelines for court matters in this province’s courts. This suspension is subject to the court or tribunal having responsibility for the particular case retaining the apparent discretion to override the suspension.

For family lawyers, this will have an impact on timelines set out in the Family Law Rules, and this will also lower the pressure on the courts and on Children’s Aid Societies across the province to deal with certain CYFSA matters in accordance with the usual statutory timelines.

It will now be all the more imperative for parents’ counsel and family lawyers dealing with urgent and emergency matters to push for urgent resolutions where they are needed even in the current climate. This move could have a significant impact on apprehensions of children by Children’s Aid Societies in particular (think the five-day period for return to court at the outset). On the other hand, for more routine matters, it appears that any filing deadlines that you may currently be up against for filing answers and other responding pleadings in matters where your client was served prior to the courts closing have now been relaxed.

The actual text of the regulation is as follows:

Whereas an emergency has been declared pursuant to Order in Council 518/2020 ( Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the  Emergency Management and Civil Protection Act (the “Act”);

And Whereas the criteria set out in subsection 7.1 (2) of the Act have been satisfied;

Now Therefore, an Order is made pursuant to subsection 7.1 (2) of the Act, the terms of which Order are the following:

1. Any provision of any statute, regulation, rule, by-law or order of the Government of
   Ontario establishing any limitation period shall be suspended for the duration of the
   emergency, and the suspension shall be retroactive to Monday, March 16, 2020.
2. Any provision of any statute, regulation, rule, by-law or order of the Government of
   Ontario establishing any period of time within which any step must be taken in any
   proceeding in Ontario, including any intended proceeding, shall, subject to the.
   discretion of the court, tribunal or other decision-maker responsible for the
   proceeding, be suspended for the duration of the emergency, and the suspension shall
   be retroactive to Monday, March 16, 2020.

The duration ofthis Order is subject to any renewal required under subsection 7.1 (4) and, if
applicable, subsection 7.1 (5) of the Act.

A full copy of the Regulation can be downloaded by clicking here.