What Happens When A Tolling Agreement Expires

The toll may be carried out in accordance with a law that specifically provides for the limitation period in certain circumstances. It may also be collected in the form of a fair toll, where the court applies common law principles of fairness to extend the time limit for filing a document. [3] If an amicable limitation period has no effect on the underlying law and defines only the period during which an action based on that right may be brought, these limitation periods may be complied with by express agreement or subject to tolls. Lewis v. Taylor, 2014 COA 27, ¶ 15. On the other hand, a judicial limitation period destroys the right of action on which the action is based. Id. at ¶ 14. A judicial limitation period cannot be fairly cleared or cancelled by a toll agreement between the parties to an action. Id.