Defendants should pay particular attention to the language of the agreement to ensure that it cannot be interpreted to waive the defence`s restrictions on claims prescribed prior to the execution of the agreement. In other words, make sure that, despite the toll agreement, the claim is excluded by restrictions if the restrictions apply before the agreement is signed. Defendants should also ensure that the costs of the agreement and other temporal defenses on all claims. Finally, defendants should specify as narrowly as possible the claims to which the restrictions are limited, particularly in a commercial context where the parties may have multiple transactions and relationships. Under the toll agreement, counsel for the applicant should have a firm understanding of all prescription issues. Information gathered informally during negotiations should not be subject to costly requests for investigation. On the other hand, this “discovery phase” can be costly, frustrating and tedious in a trial. For example, a toll agreement may provide a potential complainant with the opportunity to save money and obtain more information from the defendant than he would normally offer. Another reason to avoid waiting until the last minute to apply for a toll agreement is that it always takes longer before the agreement is signed than you expect.
If insurance is involved, your defendant must obtain the insurance company`s approval before signing. And while we make the form toll agreement fair and neutral, we never had anyone sign without changing it beforehand. As all this happens, days pass, bringing the restrictions closer to expire and therefore giving you less time to take legal action once the toll contract expires. Plan one or two weeks of negotiations if you present the toll agreement, so that you are not trapped by an accused who “accepts the principle” but gives you your consent to death while the clock goes on. The toll agreement must specify the length of time the parties suspend the statute of limitations. Of course, there are many pitfalls for the uninitiated when drawing up and signing a toll agreement. Both parties have every right to seek an advantage in the development of the agreement, so do not think that the preparation of a toll agreement is a ministerial act. Remember, if you do it wrong, you will be the reason why the claim was blocked by restrictions. So let`s look at some potential problems. In exchange for the plaintiff delaying the filing of an appeal until the expiry of the toll agreement, the defendant agrees to waive the right to use that time to calculate the expiry period of the claim.