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Suspension of limitation periods as they relate to family law

Ken Proudman Executive
 view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


Limitation periods from March 27, 2020 to June 1, 2020 are suspended. The period of time within which a step must be taken in a proceeding or intended proceeding is also suspended. I assume that means that limitation periods and deadlines which expire after June 1st will also be extended.

It looks like all Albertan family law statutes are affected other than the Child, Youth and Family Enhancement Act and the Protection Against Family Violence Act (neither of which run into very often, so if anyone has any comments they'd be appreciated).

Even the Adult Interdependent Relationships Act is listed, although I don't think that will affect when someone becomes a former AIP, just the limitation period in the Family Property Act. They didn't list the old Matrimonial Property Act though, so if you need to file a claim to divided property after a divorce has been granted, I would still get that filed. The suspension also applies to "all regulations under these statutes", and the Judicature Act is listed, so this appears to also apply to deadlines set out in the Rules of Court, being a regulation to the Judicature Act (e.g. the drop-dead deadline). Federal statutes such as the Divorce Act aren't affected, but that might not have any impact in any event. This probably means that appeal periods are extended.

Those comments are just off the top of my head, does anyone else have anything to add? I've attached the Ministerial Order.


Download MO suspension of limitation periods - PDF file attached - Apr 3, 2020

Caution: we recommend that you scan this file for viruses and malware prior to opening or otherwise using it.

0 3 years ago

Andrew Lawson
  Putnam Law LLP
   Morinville, Alberta


Observation: The Ministerial Order refers to Appendix A but the attachment is titled Appendix I.

0 3 years ago

Dawn Nelson
  Dawn L. Nelson, Barrister & Solicitor
   Edmonton, Alberta


Yesterday Moreau, CJ. held a videoconference through the Alberta Branch of the CBA and clarified that the suspension of deadlines only applies to those in the regulations (e.g. Rules of Court), not statutory limitations in legislation. She also clarified that the operation of certain Rules cannot be suspended such as the drop dead rule.

0 3 years ago

Wayne Barkauskas, K.C. Executive
 view Arbitrator profile
  Wise Scheible Barkauskas
   Calgary, Alberta


Just one other note... there would be no need to refer to the "Matrimonial Property Act" as it still exists and has just been renamed and amended. Thus any extension to limitations periods in the "Family Law Act" (if there were any), are effectively changes to the old "MPA"as well.

0 3 years ago

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