On March 17, 2020 the Ontario Government declared a state of
emergency. On March 20, 2020 the Government passed O. Reg. 73/20
which automatically suspends any limitation period imposed by any
Ontario law for the duration of the emergency, retroactive to March
16, 2020.
Under Ontario's Construction Act R.S.O. 1990 (the
"Act") an owner (including a landlord paying tenant
improvement allowances after completion of tenant work) is required
to release the holdback after "all liens that may be claimed
against that holdback have expired or been satisfied, discharged or
otherwise provided for" under the Act. Liens will typically
expire unless they are preserved (generally, registered
against title) within 60 days of the date of publication of a
certificate of substantial performance. However, if the effect of
O. Reg. 73/20 is to suspend the time for liens to be
registered, that would mean liens would not expire after 60 days
(as long as the Regulation is in effect). And, if
