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.