What is a limitation date?

Legal Moment on FM96


[phone ringing]
Receptionist: Cohen Highley
Announcer: And now the Cohen Highley Legal Moment on FM96.
Announcer: I’m here with Stephanie Marentette-DiBattista from Cohen Highley Lawyers.  What is a limitation date?
Stephanie Marentette-DiBattista: This is the time someone has to commence a legal proceeding once they are aware of an issue.  Put another way, it is the amount of time you have to sue someone.  Under the Construction Act you have 60 days to register a Construction Lien against a property and 90 days from the date of the Lien to Perfect your Lien with a claim.
Announcer: How has COVID-19 impacted limitation periods in the construction industry?
Stephanie Marentette-DiBattista: As of March 16, 2020, the Ontario government suspended most limitation periods so normal lawsuit timelines might not apply.  This is not true of construction matters, however.  As of April 17, 2020, the Ontario government announced that the Construction Act limitation dates still apply.  That means if you need to register, Perfect or defend a Construction Lien you still need to comply with the Construction Act timelines and should contact a lawyer for assistance.
Announcer: Thanks Stephanie. This has been the Cohen Highley Legal Moment.  Cohenhighley.com
Singers: Cohen Highley, we’re listening.  cohenhighley.com

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