What happens if the limitation period expires on a Sunday? The decision in Golberg v. North East Community Care Access Centre reminds us that it’s extended until Monday:
[12] Bayshore first argues that the Plaintiff’s claims fall outside the two year limitations period prescribed by the Limitations Act, 2002. In particular, it points out that Mr. Golberg admits to having been dismissed from his employment on March 20, 2014, but that his action was started on March 21, 2016.
[13] What Bayshore has failed to realize is that March 20, 2016 was a Sunday. Under the Legislation Act, 2006, section 89(1) provides that a limitation that expires on a holiday is extended to the following day. Accordingly, Mr. Golberg started this action within the appropriate time.
Nice try, defendants.
