There are at least two situations in Ontario where a limitation
period can be postponed because the plaintiff's lawsuit is not
yet "appropriate": (i) if the plaintiff is relying
on the defendant professional's expertise to remedy the
plaintiff's loss, such that a lawsuit against that professional
is premature; and (ii) where the plaintiff pursues an alternative
process to the Courts to address their loss, such as at a
tribunal.
Both of these scenarios aim to avoid unnecessary litigation. The
plaintiff can take comfort that a limitation period won't run
while she is trying to resolve the dispute outside the context of a
lawsuit.
A recent decision of the Ontario Court of Appeal, Nelson v.
Lavoie, 2019 ONCA 431, marries the two circumstances where a
limitation period is postponed because a civil action was not yet
"appropriate". Nelson represents the apex
in a body of cases that have used section 5(1)(a)(iv) of
Ontario's Limitations Act, 2002 to delay the
