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ARTICLE · 06 NOVEMBER 2014

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

On April 15, 1997 Mr. Thornton was injured in an MVA.

CanadaInsurance

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.

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