Category: Statute of limitations

How much time do I have to file my injury claim in Nova Scotia?

by John McKiggan

What is a statute of limitations?
Every province in Canada has a law (statute) that sets time limits for how long a plaintiff has to file an injury claim with appropriate insurance companies and in court. This type of legislation is generally referred to as a statute of limitations, although it goes by a different name in various Canadian provinces. In Nova Scotia it is called the Limitation of Actions Act, and it’s important for everyone to understand how this plays a factor within every injury case and insurance claim

In September of 2015, the legislature significantly changed Nova Scotia’s Limitation of Actions Act. The changes significantly reduced the amount of time that plaintiffs have to file various injury claims. You can read more about it here.

The changes to the statute of limitations, in particular the shortened limitation periods, raised the potential that injury claims that wouldn’t have been barred under the litigation process standards within the old act to potentially run out of time under the new Limitation of Actions Act.

New Limitation of Actions Act in Nova Scotia will impact victim’s rights!

by John McKiggan

As of September 1, 2015, Nova Scotia has a new Limitation of Actions Act.  This law creates time limits for how long injured victims have to sue for compensation. The time limits are different depending on the type of claim.

There are some important changes in the new Act that injury victims need to be aware of. The one that may have the greatest impact on personal injury claims is the new rule that establishes a two year time limit for many claims.

Exceptions to the two year time limit

No Duty To Explain Statute Of Limitations To Someone Who Is Not A Client

by John McKiggan

Last week Antonin Pribetic who writes The Trial Warrior Blog posted the decision of the Ontario Court of Appeal in Broesky v. Lüst.

The decision is just 6 paragraphs and the Ontario Court of Appeal concisely dealt with the question of what duty a lawyer owes to someone who is not the lawyer’s client.

While it may appear obvious (to some) that a lawyer doesn’t owe a duty to someone who is not the lawyers client, the would-be client in this case went all the way to the Court of Appeal to get an answer to this question.