COVID-19 I Resuming the computing of time limits in civil proceedings and impact on periods for prescription and forfeiture

Since March 15, 2020, the time limits for civil proceedings and the periods for extinctive prescription and forfeiture in civil matters have been temporarily suspended due to the state of emergency related to COVID-19.

On July 13, the Minister of Justice and Attorney General of Québec and the Chief Justice of Québec announced the lifting of the suspension of time limits as of September 1, 2020, which came into force following the adoption of Order No. 2020-4303 by the Chief Justice of Québec and the Minister of Justice on August 31, 2020.

The suspension of the time limits lasted 170 days (5 months and 17 days).

Following this announcement, it is essential to calculate the new applicable time limits.

This post aims to provide an overview of the impact of the implementation and lifting of the suspension of time limits for civil proceedings.

To ensure an accurate calculation, we need to consider first when the time limit expired: during the suspension period (from March 15 to August 31, 2020, inclusively) or after that period (from September 1, 2020).

We must also consider when the time limit started: during the suspension period (from March 15 to August 31, 2020) or after that period (from September 1, 2020).

The periods for extinctive prescription and forfeiture that had not fully elapsed before March 15, 2020, started to run again on September 1, 2020 (remaining days to the time limits).

For example, let’s look at a time limit for prescription that would have elapsed on March 20, 2020:

• As of March 14, 2020, there were six (6) days remaining, i.e., from March 15 to March 20 inclusively.
• The time limit will therefore run until September 6, 2020 (for the six days remaining after September 1, inclusively).

As for time limits that would have started during the suspension period, these will only start running on September 1, 2020.

For example, if an originating application was served on June 30, 2020:

• The time limit of fifteen (15) days for answering the summons will start running on September 1, 2020;
• The response must be filed no later than September 16, 2020 (15 days from September 2, 2020), since the day that marks the start (i.e., September 1, 2020) is not counted under article 83 C.C.P.

As another example, if a judgment subject to a 30-day appeal period was rendered on August 2, 2020, then the 30-day appeal period will begin on September 2, 2020 (since September 1 is not counted) and end on October 1, 2020.

Order 2020-4303 also provides for a 45-day extension in some cases, such as for:

• statutory time limits for filing a case protocol in matters where the originating application was filed with the court office before September 1, 2020;
• time limits provided for in a case protocol filed with the court office before September 1, 2020;
• time limits to have a case ready in matters where the originating application was filed with the court office before September 1, 2020.

However, as the Ministry of Justice stated, the 45-day extension period does not apply:

• if the parties failed before March 15, 2020, to comply with the time limits provided for in a case protocol;
• to time limits provided for in a case protocol filed with the court office on or after September 1, 2020;
• to a proposed protocol.

It should be noted that this automatic extension will not apply in the event that a court has decided otherwise, which is the case if a specific time limit has been set in a judgment.

The suspension of time limits will impact the time limits and dates for having a case ready and registering it for trial and judgment.

For example, the computing of the time limits in an originating application served on March 20, 2020, i.e., during the suspension period:

• The 45-day time limit to file a case protocol is suspended;
• The case protocol must be filed with the court office no later than November 30, 2020 (the 45-day limit set under the C.C.P. plus a 45-day extension);
• As case protocol is presumed to be accepted within 20 days of its filing (art. 150, par. 1, C.C.P.), i.e., December 20, 2020 (20 days from November 30), the time limit for trial readiness is set for June 21, 2021 (6 months from December 20, 2020).

Any time limit set in the case protocol that started before March 15, 2020, and that had not fully elapsed, will start to run again on September 1, 2020:

• The time limit set in the case protocol will be extended by the total number of remaining days during the period of suspension (170 days) plus 45 days for a total of 215 days.

For a time limit to have a case ready for which an originating application was served before March 15, 2020, where the parties have not failed to comply with the time limits provided for in the case protocol before March 15, 2020:

• For example, for a time limit of 6 months that started to run on March 1, 2020, and that was set to expire on September 1, 2020, the total length of the suspension period (170 days) plus the additional 45 days must be added to the original expiration date.
• The time limit to have the case ready would therefore now expire on April 4, 2021 (September 1, 2020 + 170 days + 45 days).

For a time limit to have a case ready for which an originating application was served between March 15 and August 31, 2020, inclusively, and where the parties did not file the case protocol, the time limit starts running on September 1, 2020:

• For example, for an originating application served on March 20, 2020, and where the parties have not filed the case protocol, the date for trial readiness is April 15, 2021, taking into account the 45-day extension (September 1, 2020 + 6 months + 45 days).

It is important to specify that no steps are required to obtain/take advantage of these extensions.

In addition to the time limits for civil proceedings, the suspension also applies to time limits for prescription covered by the Civil Code of Québec, which means that 170 days must be added to the initial date of the end of a prescription, provided that it started to run before March 15, 2020. For example, a 3-year prescription that would have expired on October 31, 2020 (and began on October 31, 2017) will now expire on April 19, 2021, i.e., 170 days later. If the event marking the start of the prescription occurred between March 15, 2020, and August 31, 2020, the prescription will start running on September 2, 2020 (since the first day, September 1, 2020, is not counted under art. 83 C.C.P.).

It is also important to keep in mind the impact of this suspension period on other time limits, such as those relating to legal hypothecs in construction, including that of art. 2727 C.C.Q., which provides for the extinction of a legal hypothec in construction that has not been preserved, e.g., by the publication of a prior notice of exercise of hypothecary rights within six months after the work has been completed.

Such a time limit, as well as time limits for publishing a notice of legal hypothec in construction in the land register, constitute time limits for forfeiture and are subject to the 170-day suspension applicable under the decree and order, provided, of course, that the time limit or period began before March 15, 2020, or between that date and August 31, 2020.

It is therefore important to keep in mind the following:

• The calculation of a time limit that started to run before March 15, 2020, will be suspended that date until August 31, 2020 (i.e., 170 days), and will start running again for the number of days remaining as of September 1, 2020;
• A time limit that would normally have started to run during the suspension period will start to run in full as of September 2, 2020;
• A time limit for which the event marking the starting point occurred on or after September 1, 2020, is not covered by the suspension period resulting under the decree and order;
• The time limits and periods for prescription (extinctive or acquisitive) and forfeiture under the Civil Code of Québec that started to run on March 14, 2020, must be extended by 170 days. We must therefore take the 170-day suspension period into account when determining the date on which the extended time limits will end.