Legal Lifesavers® 

Legal Lifesaver
- definition -
"a concise piece of legal information that might save your assets."

 

Murray Gottheil heads up Pallett Valo LLP's Business Law Practice and Family Business Law Group.

Bio.

www.pallettvalo.com


 

 

 

Labour & Employment Law Seminar
Terminations: Avoiding Legal Landmines

January 26, 2011
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It's human nature to procrastinate

 

 
Procrastination can be especially attractive when to decide not to procrastinate also means deciding to start a legal proceeding with all of the costs and time commitments that litigation involves.

 

But of course, eventually you have to decide whether or not you will commence a legal proceeding or lose your rights as a result of a limitation period.

 

What is sometimes overlooked is that as a result of a law which came into effect on January 1, 2004, limitation periods in Ontario are pretty short – with some exceptions, they generally expire 2 years following the date that you become aware that you have a claim.

 

There are many good reasons not to take legal proceedings to collect an amount that is owing to you, but whatever your reasons, you should understand exactly when the 2 year limitation period started and when it will end, because if you sleep through the limitation period, your rights will be gone.

 

If you think that you may be approaching a limitation period but neither want to commence a legal proceeding nor lose your rights, get some legal advice to confirm when the 2 year period actually started and to discuss options that may be available to extend it.

 

This area of the law is very complex. There are a number of exceptions to the general principle discussed above, so if in doubt, get legal advice early.

 

If you snooze, you lose.

Murray Gottheil
Pallett Valo LLP

 

 

 

 

 

Photo by Maureen T. McKay