Government regulation, particularly under emergency legislation,
often requires interpretation to properly ascertain its purpose and
effect. This came to light as of late when Ontario Regulation 73/20
under the Emergency Management and Civil Protection
Act (the “Regulation”)
became the subject of debate. The Regulation suspended all
limitation periods in Ontario during the COVID-19 pandemic from
March 16 to September 14, 2020, when it was revoked.
In a recent case, assistance of the Superior Court of Justice
was sought to interpret some confusion over the revocation of the
Regulation and its effect on limitation periods. In dealing with
the Application, Justice Myers held that the Superior Court of
Justice was the incorrect forum in which to bring an application to
interpret emergency legislation.
