Considering Legal Action

OBSI and the law

When a case is brought to OBSI, you do not give up your right to take legal action against your firm after we have completed our work if you do not agree with the outcome.

If you have already started legal action, you must agree not to proceed until we have completed our review.

Limitation period

If you are considering legal action, please note there is a time limit to start your lawsuit. The time limit is known as a 'limitation period' and it varies among provinces and territories.

In some instances, the limitation period can be suspended (in other words, the limitation clock is stopped) when both parties enter a tolling agreement.

Firms that participate in OBSI are required to enter a tolling agreement with you to the extent permitted by law. The tolling agreement is included in the consent letter you sign to begin the investigation and the limitation clock stops when we receive your signed consent letter. The clock starts again 30 days after the date of OBSI's final letter to you or when the investigation ends.

Confidentiality and disclosure

The dispute resolution process is confidential. This means any discussions and correspondence that are part of OBSI's dispute resolution process cannot be disclosed or used by you or the firm in any ongoing or subsequent legal or other proceedings.

OBSI's files are confidential and are protected from disclosure for all purposes unless mandated by law or a regulator.  

And both you and your firm must agree that the Ombudsman and OBSI staff will not be called to testify in any subsequent legal or other proceedings.

A word about legal advice

You always have the right to go to a lawyer or seek other ways of resolving your dispute at any time. A lawyer can advise you of your options. OBSI cannot offer you advice at any time during the dispute.