Ontario: notice to the crown doesn’t toll the limitation period

Francis v. Ontario is a remainder that giving notice under the Proceedings Against the Crown Act (now replaced by the Crown Liability and Proceedings Act, which has similar notice requirements in s. 18) doesn’t toll the limitation period:

[273]    I agree with Ontario’s submission that that the limitation period in this proceeding was not tolled as soon as Mr. Francis filed the notice of his claim. It continued to run against claimants until the Statement of Claim was issued. Under s. 7(1) of the Proceedings Against the Crown Act, a claimant must serve notice of the claim at least 60 days before commencing a claim against the Crown (Ontario). However, the notice itself does not effect the limitation period, and there is nothing in the Act that suggests that the notice has this effect. Indeed, what is in the Act suggests the opposite, i.e., that the giving of the notice does not end the running of the limitation period.

[274]     In one circumstance, the delivery of the notice may extend the limitation period, but the notice does not toll the limitation period, which continues to run and to bar claims. An extension of the limitation period is provided for in s. 7(2) of Act which states:

Limitation period extended

(2) Where a notice of a claim is served under subsection (1) before the expiration of the limitation period applying to the commencement of an action for the claim and the sixty-day period referred to in subsection (1) expires after the expiration of the limitation period, the limitation period is extended to the end of seven days after the expiration of the sixty-day period.

[275]    Section 7(2) does not apply in the circumstances of the immediate case.