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Laying of criminal charges after dismissal does not delay limitations period

criminal charges

In Sosnowski v McEwan Petroleum ( 2019 ONSC 1860) Macleod-Beliveau J. had a situation where the following chronology applied:

November 2009 – Plaintiff fired for cause

July 2010 – Plaintiff charged with theft by Crown

August 2010 – Plaintiff convicted and sentenced

November 2014 – Conviction set aside on appeal

July 2015 – Plaintiff starts civil action for wrongful dismissal

The Court found on a summary judgement motion that the 2 year limitation period started when the plaintiff was fired in 2009 and was not delayed or “tolled” because of the subsequent criminal proceedings.

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