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ARTICLE · 21 NOVEMBER 2023

More Limits: NSCA Tightens The Test For Disallowing A Limitations Defence

Stewart McKelvey
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The Nova Scotia Court of Appeal ("NSCA") has issued an important decision clarifying the test to disallow a limitations defence.

CanadaLitigation, Mediation & Arbitration
Jennifer Taylor
Jennifer Taylor
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The Nova Scotia Court of Appeal ("NSCA") has issued an important decision clarifying the test to disallow a limitations defence. The decision, Halifax (Regional Municipality) v Carvery ("Carvery"), has real implications for personal injury cases where the claim is commenced after the limitation period has expired, and the defendant takes the position that the claim should be dismissed for being out of time. As a result of this decision, it will likely be harder for tardy plaintiffs to have a limitations defence disallowed — which is good news for defendants and their insurers.

Background

In April 2017, the Plaintiff was allegedly injured when the doors of a Halifax Transit bus "made contact with his body" (in the Court's words). His lawyer did not start an action against HRM within the statutory one-year limitation period for suing the municipality.1 The Plaintiff got a new lawyer, and eventually filed his action in February 2019 — almost two years after the

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