Cut name in the Tolling Agreement

Aug 6th, 2022
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While tolling agreements have benefits, they may also have drawbacks, such as potential conflicts with court scheduling orders or leading to more protracted litigation if counterclaims are postponed.
A tolling agreement is a written agreement, signed by both sides to a potential lawsuit, that suspends the statute of limitations for an agreed amount of time.
If you are a plaintiff, generally speaking, you need to ensure you commence your action within that two year period. If you are a defendant, generally speaking, the action brought against you must have been commenced within that two year period after which it was discovered.
Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run.
A tolling agreement is typically an extrajudicial agreement entered into between the parties that tolls the statute of limitations for counterclaims for a specific period of time. Tolling agreements are contractual in nature, and as such, must be crafted for each individual case.
As in Alberta, such agreements do not prescribe limits on the length of time that a limitation period may be extended, but they must be express, with a clear request and a clear acceptance to toll the limitation period.
Tolling agreement. An agreement to put a specified amount of raw material per period through a particular processing facility. For example, an agreement to process a specified amount of alumina into aluminum at a particular aluminum plant.
Because of the variability in the date on which claims may be discovered, the province has set an ultimate limitation period of 15 years. Meaning, even if a claim is only first discovered more than 15 years to the day after the event which lead to it, it cannot be brought before a court.

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