While a toll agreement seems to benefit a plaintiff in the first place, there are also some good reasons why a defendant wants to enter into a toll agreement. One of the reasons given is to give an applicant additional time to assess the feasibility of his claim; In the absence of a statute of limitations that expires soon, an applicant may be compelled to file an appeal for the sole purpose of complying with a time limit. While it is possible that a dispute can be avoided altogether, it may be advantageous for a defendant to declare that he is prepared to waive the limitation period for a specified period or up to certain conditions. Even with the additional negotiating margin provided for in a toll agreement, the applicant may nevertheless bring a dispute in the event of failure of the negotiations. In this case, the defendant can benefit from the proceedings by being better informed of the claimant`s claims. Conversely, the applicant may benefit by introducing into the toll agreement provisions which may compel a defendant to submit documents which might otherwise not be available to the applicant, except in the discovery phase of a lawsuit. Approving a toll agreement can also be more about activity than process strategy. If, in the past, the parties have had a mutually beneficial business relationship and hope to do so in the future, but still want to preserve their legal rights, a toll agreement can achieve this. Has.

As a general rule, toll agreements are contracts and are not subject to public registration. However, there are situations where a toll agreement can be made public, for example. B in the event of a mass dispute. Often, cases of recourse between the parties are settled without any legal action ever being filed. Court records are public and the content of some complaints can damage a defendant`s reputation or affairs. By signing a toll agreement, a defendant can request a settlement under the protocol. Without one of them, a plaintiff may have no choice but to file a lawsuit to preserve their claims. If a party wants more time to gather evidence, a toll agreement can be used. If the parties think they are close to an agreement for a negotiated settlement and do not want to take legal action, a toll agreement is useful. Finally, in cases where the parties do not agree on the date and time of the start of the limitation period, a toll agreement can be an effective way to protect all parties from an adverse decision.

While a toll agreement does not have to be a complex document, there are significant repercussions if it is not properly formulated. Therefore, toll contracts should not be concluded without the assistance of a lawyer. In addition to many questions, the lawyer who established the toll agreement can review important aspects of the dispute in order to preserve claims, defenses, physical evidence, and testimony. Toll contracts do not waive valid arguments in favour of a previously elapsed limitation or rest period, only for toll periods. Whether your company is suing a dispute or defending against you, if the statute of limitations expires quickly, a toll agreement is probably the right tool to allow your business to settle deadlines that are effective and set by the courts.