Toll agreements for counter-claims (including counter-rights and third-party claims) can be a useful tool to prevent a co-accused from being openly negative during the period of detention of a product liability case. A toll agreement is usually an out-of-court agreement between the parties that concludes the statute of limitations for term counter-rights. Toll agreements are contractual in nature and must therefore be developed on a case-by-case basis. Second, the applicant attempted to evade status by invoking the toll agreement and arguing that the defendant had been properly deterred from relying on a prescription defence. Here, the toll agreement spoke for itself. The agreement did not prevent the defendant from asserting the law, since the right was obsolete from the beginning of the toll period. Id. at `7- `8. Remember that the lawyer signed the toll contract in August 2013, but did not announce the toll until months later – in February 2014 – which is more than two years later than the complainant`s alleged complication in January 2012. The applicants simply failed to explain the express terms of the agreement that the plaintiff became a party to the agreement on February 3, 2014, and the defendant expressly waived “a defence of the statute of limitations that could have been invoked before the toll date.” Id.
at `8- `9. If there is a takeaway of this post, that`s it. The clear language of the agreement (and the erroneous timing of the lawyer) made the difference. The threat of possible litigation is the elephant in space that makes an agreement on tolls effective. A savvy potential complainant may use this elephant as an advantage, as a potential accused may well lean back to not be prosecuted. As this is a private agreement between the parties – unless the agreement is ambiguous – a court will not look beyond the document of the agreement to determine what claims the parties intended to keep. A broad language of the toll agreement could retain independent or unknown claims. Too narrow a language can limit the remedies available for litigation. Consultation with a lawyer is necessary to properly define the scope of the litigation at issue. A toll agreement should not be a complex document, but it has a significant impact if it is not properly developed.