Tuesday, November 24, 2009

What is a Tolling Agreement?

A tolling agreement is an agreement to waive a right to claim that litigation should be dismissed due to the expiration of a statute of limitations.

Its purpose is typically to allow a party additional time to assess and determine the legitimacy and viability of their claims and/or the amount of their damages without the necessity of filing an action.

During this period, the parties waive any defence by way of any statute of limitations which would otherwise arise during such period.

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