On March 20, 2020 the Ontario government enacted a regulation
pursuant to the Emergency Management and Civil Protection Act (the
"Regulation"). Section 1 of the
Regulation suspends any "limitation period" for the
duration of the emergency, while section 2 of the Regulation
suspends, subject to the discretion of the court, any
period of time within which any step must be taken
in any proceeding in Ontario, including any intended proceeding.
This Regulation may affect lien rights in Ontario, namely the
timing of the preservation of a lien.
Ontario courts have held that the time periods to preserve and
perfect construction liens are not "limitation periods".
Accordingly, it is unlikely that the time periods to preserve and
perfect construction liens have been extended by section 1 of the
Regulation. However, it may be possible for a lien claimant to rely
on section 2 of the Regulation to argue that the period to preserve
and perfect liens has been extended. There is no
