Can a party rely on the Tolling Agreement to insulate themselves from judicial intervention for allegedly oppressive conduct which continues today?
British Columbia, Canada
The following excerpt is from Beck v 0973415 B.C. Ltd., 2021 BCSC 2323 (CanLII):
In my view, it is not open for the respondents to rely on the Tolling Agreement to insulate themselves from judicial intervention for allegedly oppressive conduct which continues today. Such an interpretation would be tantamount to granting the parties a carte blanche to prolong their disputes indefinitely and must be rejected. To construe the Tolling Agreement so as to deprive the parties of any ability to seek judicial aid after a contractually stipulated ultimate deadline—even where the alleged conduct occurred after the deadline has expired—strains credulity and cannot represent the objective intent of the parties. (See also Brockman v. Valmont Industries Holland B.V., 2021 BCSC 500)
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