Draconian Deadlines Civil Litigators Don't Want to Miss

Does the idea of missing deadlines or limitation periods keep you up at night?

Hear from experienced counsel on timelines litigators must be aware of, might not have heard of, and the potential consequences if they are missed – including mandatory disclosure of settlements, and claim or context-specific limitation periods. 

Summary of Professionalism Content:

(1) Statutory Limitation Periods &  important deadlines

limitation periods under statute, particularly the Limitations Act.

other statutory limitation periods that civil litigators might come across (e.g.

Construction liens, Libel and Slander Act, Trustees Act). Situations where a statute may provide you with more time. Where it looks like the applicable statutory period has run out, other factors to look at.

(2) Other Sources – Contract and Common Law

Situations where litigators need to be on the lookout for other sources of deadlines to commence or provide notice of a claim. Contractual limitation periods: under Limitations Act, “business contracts” can vary, shorten, lengthen, the limitation period to bring a claim.

o Practice management: if you’re being retained on a breach of contract claim,

get the contract first.

The flip side: how contractual provisions in some cases can help you rescue what looks like a statute-barred claim. Aside from limitation periods, the most harsh or draconian deadline in litigation:

o Failure to disclose settlements in multi-party litigation. Need to determine whether a settlement “entirely changes” the litigation landscape. Determining what is “immediate” disclosure.

(3) Practice Management

Risk management best practices, or tools to help stay on top of these requirements. What to do if you discover/ suspect that an error has occurred (either before you were retained, or after) and a limitation period may have been missed.

Administrative dismissals. 

Maintaining reminder or tickler systems.

Obligation to notify the client or insurer of errors or omissions.

o Reporting to LAWPRO.

Discussion of scenarios.