Under the toll agreement, counsel for the applicant should have a firm understanding of all prescription issues. Information gathered informally during negotiations should not be subject to costly requests for investigation. In exchange for the plaintiff delaying the filing of an appeal until the expiry of the toll agreement, the defendant agrees to waive the right to use that time to calculate the expiry period of the claim. With the statute of limitations suspended, the parties may have the necessary time to negotiate and resolve the dispute. On the other hand, this “discovery phase” can be costly, frustrating and tedious in a trial. For example, a toll agreement may provide a potential complainant with the opportunity to save money and obtain more information from the defendant than he would normally offer. Their toll contract should also do more than simply require the application of a certain statute of limitations. It should refer all unrestricted statutes of limitations to a specific court. And it should encompass all other time-based defenses, such as laches or statutes of tranquility or just Estoppel. It will not be helpful to avoid defence restrictions if you lose out because of time under another legal theory. 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.
This may seem obvious, but remember that this agreement will only be subject to a levy for the parties to the agreement. Any potential defendant you do not include in the toll contract may claim restrictions under the original normal time limit. And this problem is not limited only to the designation of the accused – an indecent complainant also loses the right to take legal action. And if you rely on a toll agreement to protect restrictions, you don`t have the advantage of the procedural rules that govern – doctrines like false names or true-party-in-interest – that give you the ability to add parties to litigation while preserving your original filing date.