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ARTICLE · 18 AUGUST 2017

Knowing Your Limitations: A New NS Case On Limitation Periods

Stewart McKelvey
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The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It arrives almost two years after the "new" Limitation of Actions Act...

CanadaLitigation, Mediation & Arbitration
Jennifer Taylor
Jennifer Taylor
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The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It arrives almost two years after the "new" Limitation of Actions Act, SNS 2014, c 35 ("the New Act") came into force.1 This case study is especially welcome during our ongoing transition time, when both the New Act and the former Limitation of Actions Act, RSNS 1989, c 258 ("the Former Act")2 may have to be consulted to figure out (a) the relevant limitation period for a claim and (b) whether that limitation period has expired.

Facts

Dyack is a case about alleged medical malpractice.

In 2014, the plaintiff (himself a doctor) sued his orthopedic surgeon, alleging that the surgeon failed to obtain informed consent before operating on the plaintiff's shoulder in 2012. Last year, the plaintiff obtained an expert opinion suggesting that the defendant also breached the standard of care of an orthopedic surgeon in treating the plaintiff,

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