Court Delivers Clear Ruling On Renewal, Amendment And Disability Plan Limitation Periods

Recently, the NS Supreme Court decided to dismiss three motions by an insured – and grant the insurer's Motion for Summary Judgment – offering a helpful review of both the NS Civil Procedure Rules for amending and renewing actions, and limitation periods applicable to disability plans:

• Renewal of Notice of Action and Statement of Claim. When the filing of a Statement of Defence doesn't extinguish a defendant's ability to challenge the court's jurisdiction, what Rules apply when they've changed mid-stream, whether the Court can infer inadvertence and what time frame is relevant to assess prejudice.
• Amending Notice of Action and Statement of Claim. The difference between "misnaming" a defendant – and "adding" one.