Yes. It is an offence under Nova Scotia's Motor Vehicle Act to drive without insurance. In addition, drivers must provide a Statement of Insurance to the Registry of Motor Vehicles when registering or renewing a vehicle registration.

Nova Scotia drivers must have:

1. third party liability coverage;
2. accident benefits coverage; and
3. uninsured and unidentified drivers coverage.

These three types of automobile insurance coverage are mandatory in Nova Scotia. They are found in sections A, B, and D, respectively, of your automobile insurance policy.

Third party liability coverage, also called PLPD, insures you if you injure someone, cause someone's death, or damage someone else's property in a motor vehicle accident. You must have at least $500,000 of third party liability coverage, although it is common to have $1,000,000 of coverage. Third party liability coverage is found in section A of a standard automobile insurance policy.

Accident benefits, also called 'section B' or no-fault benefits, provide coverage if you and/or passengers are injured in a motor vehicle accident. They include medical and rehabilitation expenses, death and funeral benefits, and loss of income. Accident benefits are no-fault. This means you are generally entitled to accident benefits even if you caused the accident. There are some important limitations. For example, if you are convicted of impaired driving in connection with the accident, or if you were not licensed to drive, you would be denied accident benefits. However, any passenger injured would still be able to make a claim.

Accident benefits cover:

1. reasonable medical and rehabilitation expenses up to a maximum of $50,000 per person;
2. funeral expenses up to $2,500, and some death benefits;
3. loss of income, generally at the rate of $250 per week if you were working at the date of the accident.

The above accident benefit amounts apply to any crash that happened on or after April 1, 2012. Benefit amounts for a crash before April 1, 2012 are lower:  maximum $25,000 per person medical and rehabilitation expenses; $1,000 funeral expenses; $140 per week loss of income.

If an unidentified driver, or a driver without insurance, injures you or damages your vehicle you may make a claim under the uninsured and unidentified driver section of your own automobile insurance policy. This is section D of a standard automobile insurance policy.

You must report collisions to your insurance company even if you decide to cover the cost of damages yourself.

Previously, insurers could increase premiums when a collision was reported even if no claim had been made and the insured had covered the cost of damages themselves. Changes to the law that came into effect April 1, 2012 mean Nova Scotia drivers can now report a collision to their insurer without increasing their insurance premiums, if no insurance claim is made and they cover any damages arising from the crash themselves.

Collision and comprehensive coverage, or section C in a standard insurance policy, is optional. Collision insurance covers damage to your vehicle from an accident, even if you are at fault for the accident. Comprehensive insurance covers loss or damage to your vehicle if you hit an animal, or if your vehicle is stolen, vandalized, damaged in a fire.
Further, you may choose to get additional section B benefits coverage.

For more insurance information you may wish to contact:

• the Insurance Bureau of Canada's Information Centre at 1.844.227.5422 or visit its website at www.ibc.ca. The Insurance Bureau of Canada is the national trade association of private insurance companies;
  
  
• Nova Scotia's Office of the Superintendant of Insurance at 902.424.5613 or online at novascotia.ca/finance.  The Office of the Superintendant of Insurance regulates Nova Scotia's insurance industry and enforces the Insurance Act
  
• General Insurance OmbudService at 1.877.225.0446 or visit its website at giocanada.org.  The General Insurance OmbudService is an independent dispute resolution service that helps Canadian consumers resolve disputes or concerns with their home, auto or business insurers;
  
• the Financial Consumer Agency of Canada at 1-866-461-FCAC (3222) or visit its website at fcac-acfc.gc.ca.  The Financial Consumer Agency of Canada  is an independent body which provides consumer information on financial services and products, and also monitors and supervises federally incorporated or registered insurance companies.

You can make a claim for lost income under the no-fault accident benefits section of your own automobile insurance policy. These are also called section B accident benefits. You can claim these benefits no matter who was at fault for the accident.

To make a claim contact the insurance company as soon as possible. An insurance adjuster will be appointed to process your claim. You should talk with a lawyer before you meet with the adjuster. You may be asked to have a medical examination and to sign a release form before any benefits are paid to you. This form may limit your legal options down the road, so read it carefully and take it to a lawyer before you sign it. The insurance company will also require that you complete a proof of loss statement. If another driver caused the accident, you may be able to claim against his or her insurance. We'll talk more about this later.

You can get reimbursed for lost income if you were working at the time of the accident, and have been off work for at least 7 days. Also, if you are between the ages of 18-65 and have worked for six of the previous 12 months before the accident, you could also qualify for income replacement. The rate is generally 80% of your gross weekly income, to a maximum of $250 per week (as of April 1, 2012 and after).

Lost income benefits from your automobile insurer will be reduced by the amount of money you get, or could get for your income loss, from other sources such as Employment Insurance or a workplace disability insurance plan.

No-fault benefits for lost income will continue as long as you can show that your injuries prevent you from doing the essential duties of your usual work, generally up to a maximum period of 2 years. After two years you can only get benefits if you cannot do any type of work at all.

If the other driver was at fault, you can claim the full amount of lost wages from his or her insurance.

Yes. For example, a driver who is convicted of an alcohol-related driving offence connected to the accident, or who was not properly licenced or qualified to drive the vehicle when the accident occurred, will not be eligible for these no-fault benefits.

You should talk to a lawyer if you are denied section B accident benefits.

Yes, passengers can file a claim under the policy of the car they were in. Pedestrians can file a claim under the policy of the car that struck them.

If someone else besides you is found to have been at least partly at fault in causing the accident, you can seek compensation from his or her insurance company. You may be able to negotiate a settlement, but if not, you may have to hire a lawyer and start a lawsuit.

In most cases a lawsuit should be started within two years from the date of the accident.  There are some limited exceptions though, so talk with a lawyer who does personal injury work about your situation.  Also, in some cases, such as those involving government employees, the time limit may be shorter.

If you are awarded damages, the court may deduct any no-fault accident benefits that you received. You may also have disability benefits available in your own personal insurance coverage.

Yes, most work-related injuries are covered by the Workers' Compensation Board under the Workers' Compensation Act. You may not have to deal with anyone's insurance company unless you elect to do so instead of accepting workers' compensation benefits. 

Nova Scotia's Occupiers' Liability Act,, as well as principles established in court cases, apply to most slip and fall injuries. This Act says that an occupier has a duty to see that each person entering on the premises is reasonably safe while there. Almost all workplace injuries are covered under the Workers' Compensation Act.

An occupier is a property owner and/or operator. More specifically, Nova Scotia's Occupiers' Liability Act says that an 'occupier' includes:

• a person who is in physical possession of the premises; or
• a person who is responsible for, and has control over, the condition of or activities on the premises, or over people allowed to enter the premises.

Premises' include, among other things, land and buildings, water, ships and vessels, fixed structures, etc.

Most business and home insurance policy include a section that covers occupiers' liability.

The duty of care requires an occupier take reasonable care to prevent injuries to visitors from unusual dangers that the occupier knows about, or should have known about. This duty applies to the condition of the premises and activities on the premises, and to the conduct of third parties on the premises.

Maybe. The answer depends on the specific circumstances of the accident, and particularly whether the property owner satisfied its duty to take reasonable steps to protect facility users. For example, if the stairwell was poorly lit and you slipped on a broken step, and the owner had not taken reasonable care to repair the step and improve the lighting in the stairwell, they might be financially responsible for your injuries.

Usually you only go to court if you and the occupier or the occupier's insurance company cannot agree on liability and/or the amount of compensation.

Factors a court would consider include :

• whether the occupier knew, or ought to have known, that the person was on the premises
• the injured person's ability to appreciate the danger. For example, there is a higher duty to protect children
• the reason the person was on the premises. For example, was the person invited or trespassing or intending to commit a crime on the property
• any efforts the occupier made to warn people about the danger, or to discourage people from running the risk. For example, was the property or the danger fenced or were there warning signs
• whether, under the circumstances, the occupier should reasonably have been expected to provide protection against the risk.

The Occupiers' Liability Act also sets out a number of circumstances when a person entering certain types of premises is deemed to assume a greater degree of risk.

If defamation is written or recorded in some other way, it is called libel. Libel is defamation that leaves a permanent record. Examples of libel are statements on social media or other online platforms, in newspapers, letters, or emails, or on radio or TV broadcasts. Libel can also be a picture.

Slander

If the defamation leaves no permanent record, it is called slander. Mostly this is spoken statements. It can also be a hand gesture or something similar. 

Under Nova Scotia’s Defamation Act, libel and slander are treated the same: either can be 'defamation', and can be the basis of a civil lawsuit.

Defamation can be committed against a group or an individual.

• what was said and to who,
• whether it was published somewhere (and if so, keep a copy),
• when it was said and how often (dates),
• whether it was repeated by anyone else, and
• any damaging effects that you have noticed. This might include money loss, loss of business or customers, emotional or psychological effects.

If you’ve been bullied online or had intimate pictures of you shared without your consent, you’re protected under Nova Scotia’s Intimate Images and Cyber-protection Act. See “Online bullying” below, and contact Nova Scotia CyberScan for more information and help.

You might try writing a ‘cease and desist’ letter. This is a letter telling the person to stop making the defamatory comments right now and in the future. The letter can threaten to sue if the defamatory statements do not stop. You could write the letter yourself or hire a lawyer to write it for you.

Ask the person to publicly retract (take back) the comments and apologize.

If someone defames you, you might be able to sue them for money (called damages) for harming your reputation. 

It is a good idea to contact a lawyer and get advice about whether you have the basis to sue the person who made the comments, or to perhaps get them to retract them and apologize.

You should get advice as soon as possible as there are time limits, called limitation periods, on when you can sue and they can vary depending on who you plan to sue. The limitation period in certain defamation cases can be as short as 3 to 6 months, so it is a good idea to get advice as soon as possible after you learn that defamation occurred. If the limitation period is missed, a judge will not allow the claim to proceed, even if it has merit.

To show that someone defamed you, you must show that the communication:

• was defamatory — that it would tend to lower your reputation in the eyes of a reasonable person,
• referred to you,
• was false, and
• was communicated by the defendant to at least one other person.

You are not required to show the defendant intended to do harm, or even that the defendant was careless. If you prove the required elements, the defendant must then prove a defence in order to escape liability.

Consent

If you give your consent for a defamatory statement to be published, you cannot sue the publisher for defamation.

Truth or justification

A statement may hurt your reputation, but if the statement is true, that is a complete defence to a defamation claim. The person who made the statement can defend their statement by proving it is more likely true than not.

Absolute privilege — Statements made in a court or tribunal process

A statement made in a court or tribunal process is protected by a defence of absolute privilege. This is a complete and unqualified defence to an action for defamation.

This defence protects defamatory statements made in a civil lawsuit. It covers statements made in court, as well as all steps to prepare for court, including court filings and examinations for discovery. 

Absolute privilege also protects defamatory statements made in all stages of a criminal case. For example, a complaint to the police is protected by absolute privilege — as long as the complaint is not repeated to others.

Absolute privilege also protects a person who makes a defamatory statement in a proceeding that is like court (called quasi-judicial), like a hearing before a professional regulatory body such as the Nova Scotia Barristers’ Society or a human rights tribunal hearing.

And absolute privilege protects statements in Parliament or a provincial legislature.

Some of the reasons for this protection include:

• allowing people to freely represent their position in court
• encouraging witnesses to give full and frank testimony, without worrying about people suing them afterward.

But absolute privilege does not protect a person who repeats their statement outside of the court or tribunal process.

From the Courts...
A 2001 Supreme Court of Nova Scotia case called Keung v. Sheehan talks about the defence of absolute privilege and the reasons for it.

Qualified privilege

A defamatory statement made in performing a public or private duty can be protected by qualified privilege. The protection only applies to statements made to people with a corresponding interest in receiving the statement. 

An example of qualified privilege is when a previous employer provides a bad reference to a potential employer. If the previous employer honestly believes what they are saying in providing the bad reference, qualified privilege may protect them.

The duty can be legal, social, or moral. The test is whether a person of ordinary intelligence would think there was a duty to give the information to the audience it was made to.

There are no exact rules about when qualified privilege applies. It depends on the facts of a case. If the communication is made under qualified privilege, the defence applies even when very strong language is used, or the statement is false. However, the communication must be relevant to the reason for which it was made.

If a defendant acted with malice (with an intention to cause harm) in making a defamatory statement,  they cannot rely on the defence of qualified privilege.

It is hard to rely on this defence for statements made on the internet because the defence protects a person only if they limit their defamatory statements to people who have an interest in hearing the communication. Defamatory statements on the internet are not limited this way. Instead, they go to the public in general. So they do not meet this test unless it is a matter the public would be interested in, or the communication is on a members-only site or service and not open to the public.

Fair comment

We all are free to comment — even harshly — about issues of public interest, as long as we are clear that our comments are:

• expressed in a way that shows they are opinion, not fact,
• based on facts that can be proven and those facts are either stated or otherwise known to readers or listeners, and
• not made maliciously (on purpose to hurt someone).

For example, a newspaper columnist may write about a politician who says they support equality and equal rights, but are opposed to same-sex marriages. The columnist may write that the politician is hypocritical. If the politician sues the columnist for defamation, the columnist may put forward the defence of fair comment.

Responsible communication on matters of public interest

A more recent defence to defamation claims deals with reporting on matters of public interest. Journalists should be able to report statements and allegations — even if not true — if there’s a public interest in distributing the information to a wide audience. This defence, which looks at the whole context of a situation, can apply if:

• the news was urgent, serious, and of public importance, and
• the journalist used reliable sources, and tried to get and report the other side of the story.

The courts have defined the term “journalist” widely to include bloggers and others publishing material of public interest in any medium.

Innocent dissemination

The defence of innocent dissemination is important in the internet era. Generally, a person who takes part in publishing a defamatory statement is responsible for its publication. This includes a writer, editor, printer, and distributor. But a person who acts only as a distributor may be able to rely on the defence of innocent dissemination if they:

• did not know they were distributing a defamatory statement, and
• were not negligent in not knowing, and 
• removed the statement from their website or from distribution right away when they learned of the defamatory statement.

The defamer can also be liable for damages caused by a third party repeating the defamatory comment(s).

From the Courts...
The Supreme Court of Nova Scotia gave an overview of the law of defamation, and some (but not all) of the possible defences, in a 2011 case called Nichol v. Royal Canadian Legion, Branch 138, Ashby, at paragraphs 53 to 70 in particular.

Anyone may report a crime to the police if they honestly believe that a crime has been committed. In order to encourage citizens to report crime such reports to the police are considered in the public interest and are protected by a qualified privilege. However, if the person who reported you did not honestly believe that you had committed a crime, but instead acted maliciously or recklessly when reporting you to the police, this privilege will not protect them. In this situation, the person might be charged with a crime themselves, such as public mischief, but you may also be able to sue them for malicious prosecution.

To sue for defamation, the statements must in some way be communicated to a person other than you. If someone sends you a letter making defamatory statements about you, but does not show or send the letter to anyone else, there will be no harm to your reputation and you will not be able to sue for defamation. The communication to a third party must be made without your consent, so you still will not be able to sue for libel even if you show the letter to someone else.

A defamation claim must be brought within a specific time limit called the limitation period. The clock starts running when the defamatory statement was made or published, or when the person harmed finds out about the defamatory statement, whichever is later. In some case the time limit for making a defamation claim may be as short as three (3) months, so it is a good idea to act as soon as possible and get legal advice about time limits.

To start the lawsuit, you must file documents in court and deliver them to (“serve” them on) the other party. You can get information about going to the Supreme Court of Nova Scotia here. 

A few things to think about before starting a lawsuit:

• Going to the Supreme Court of Nova Scotia is time-consuming, stressful, and expensive. Even if you win, you may spend more on legal fees than you get in damages. A court can award costs to the winner of a lawsuit, but costs cover only a small portion of your full legal costs.
• You risk paying the defendant’s costs (some or all of their legal fees) if you lose.
• Does the person you want to sue have money to pay you if you win?

• the plaintiff’s position and standing in the community,
• the nature and seriousness of the defamation, 
• the mode and extent of publication,
• the absence or refusal of any retraction or apology, and
• the conduct of the defendant from the time of the defamatory statements to judgment. 

The mode and extent of publication is a particularly significant consideration in assessing damages in internet defamation cases.

The plaintiff may also be entitled to special damages, such as lost earnings, but only if they can prove that the lost earnings resulted from the defamatory statement, and not from other factors.

If someone makes defamatory statements with malice (an intent to injure), the plaintiff may also be entitled to aggravated or even punitive damages.

From the Courts...
In a 2012 Nova Scotia case called Trout Point Lodge the defendant published false information about the plaintiffs on his blog. The plaintiffs won general damages, but also aggravated and punitive damages. The Court found that the defendant had acted on purpose to cause harm, refused to apologize or take back what he had said, and had not stopped making false statements harming the plaintiffs’ reputations.

A timely and public apology or retraction does not prevent someone from suing for defamation. But the person whose reputation was harmed may decide an apology is enough and decide not to sue.

If a case goes to trial though, the compensation awarded by the court may be lower, as a timely apology or retraction may limit the damages.

Even if you win a lawsuit in Canada against someone who lives outside Canada and who defamed you online, other countries may not be willing to enforce a Canadian judgment. It may be hard to collect damages if the person you are suing does not have assets in Canada.

Nova Scotia’s Intimate Images and Cyber-protection Act deals with cyber-bullying, intimate images and personal privacy online. The law aims to protect people from being bullied online, or from having intimate images of themselves shared without their consent. Cyber-bullying is when someone uses electronic communication, like email, text messaging or social media communication, to harm your health or well-being. They might be doing this on purpose to hurt you or they might not care about hurting you.

Examples of cyber-bullying:

• creating a website, blog or profile that takes your identity
• sharing sensitive personal information or breaking your confidence
• threatening, intimidating, harassing or scaring you online
• making false statements about you
• communications that are grossly offensive, indecent, or obscene
• encouraging you to commit suicide.

Cyber-bullying can include encouraging or forcing someone else to do these things.

The law also protects you if someone distributes a private intimate image of you, such as an intimate photograph, film, or video, without your consent. An intimate image is one that is private, and shows sexual activity or nudity or partial nudity. It is an image you have good reason to think will stay private.

For example, without asking you and to try to hurt you, your former partner posts a private, sexually explicit, intimate picture of you on Facebook that you had good reason to think was going to stay private.

A cyber-protection order can order the person to stop the bullying and/or sharing of images, and do things like:

• stop the person from contacting you
• order that they take down or disable access to an intimate image or communication about you; and/or
• award damages to the victim.        

You can apply to the Supreme Court of Nova Scotia for a cyber-protection order — the Small Claims Court cannot make those orders. You can apply with a lawyer’s help or on your own. A parent or guardian of a victim under the age of 19 can also apply to Supreme Court for a cyber-protection order. You can get information about applying to the Supreme Court of Nova Scotia for a cyber-protection order at courts.ns.ca.

Nova Scotia’s CyberScan Unit oversees Nova Scotia’s Intimate Images and Cyber-protection Act and can give you help and information, including about applying to court for a cyber-protection order. Contact CyberScan at novascotia.ca/cyberscan/ or call 902-424-6990 or 1-855-702-8324.

• Find a lawyer in private practice 
• Information about going to the Supreme Court of Nova Scotia at courts.ns.ca
• Free Legal Clinic for people who are representing themselves at the Supreme Court 
• Nova Scotia Defamation Act
• Online bullying and harassment support - CyberScan at novascotia.ca/cyberscan/ or call 902-424- 6990 or 1-855-702-8324.

When dealing with an important health issue, it may be a good idea to get a second opinion from another doctor. If the conduct of your doctor seems improper, you may file a written complaint with the College of Physicians and Surgeons of Nova Scotia.

If you submit a complaint the usual process is for the College to send a copy of your complaint to your doctor, who then has 30 days to respond. In most circumstances you will be provided with a copy of the doctor's response. The College of Physicians and Surgeons will then investigate your complaint and, depending on their findings, may dismiss the complaint, counsel and/or caution the doctor, offer mediation, require the doctor to undergo an assessment, or attempt to resolve the matter with a formal hearing.

You can contact the College's Professional Conduct Department at 902-421-2201. Please note that the College of Physicians and Surgeons does not deal with medical malpractice or negligence claims - those are dealt with by the civil courts.

Medical professionals are highly trained, but they may still make mistakes. Not all mistakes will result in liability - meaning not every mistake will lead to a civil lawsuit. As a general rule, the courts will expect your doctor to meet the same standards as other similarly trained professionals in the same area. For example, the standards expected of a specialist in a hospital may be higher than those expected of a general practitioner in a rural clinic. Therefore, to be successful in court, you and your lawyer will need to show that your doctor's actions were below the standards for comparable doctors. Suing can be a long and complicated process. You should get legal advice before you decide what to do.

It may not necessarily be malpractice if a treatment or surgery does not go as well as expected. Sometimes the body reacts to treatment in an unexpected way, or there are complications that a fully competent doctor would not have foreseen. Your lawyer's research will investigate whether your doctor should have been aware of the risks and whether you should have been warned. Based on this research, your lawyer can advise you on the chances for a successful lawsuit.

Yes, while your medical records are the property of the doctor or facility which provided the health care, you and your lawyer are legally entitled to copies. Click here for information about access to personal health records under Nova Scotia's Personal Health Information Act.

According to a Nova Scotia law called the Limitation of Actions Act, you have two years to start a civil lawsuit, from the date you "discover" that you have a claim. If you are under 19 years of age or of unsound mind, then the two-year period starts from the time that you reach 19 or when you become mentally competent. In the meantime, however, your parent or guardian may sue on your behalf. The two-year limit also applies if you want to sue a healthcare professional other than a doctor, such as nurses.  

You should always talk with a lawyer about time limits for suing, as it can sometimes be complicated to figure out when the time clock starts running.  You'll find more information about time limits for suing in Nova Scotia Department of Justice publication on the Limitation of Actions law.

Most likely you will have to sue the doctor where the medical services were provided. However, under some circumstances, the courts have allowed patients to file their lawsuit within their home province. This is an issue you will need to discuss with your lawyer.

Under Nova Scotia's Medical Act a doctor who voluntarily provides emergency first aid cannot be sued. The only exception to this is where the doctor's act or failure to act would constitute negligence when compared to another doctor of 'ordinary experience, learning and skill.'

A personal injury can include physical injury, sickness or disease, psychological and emotional injury.

Compensation is based on the difference between your life before and after the accident. Therefore, how much compensation you may receive will vary according to the seriousness of your injury. Depending on the circumstances, you may be able to include some or all of the following in your claim:

• loss of income for missed work,
• loss of future income if your injury will interfere with working,
• no longer being able to perform daily household tasks,
• any out of pocket expenses, such as medical and travel bills and prescriptions.
• pain and suffering including loss of enjoyment of life. 

It is important that you get legal advice about your particular circumstances because only a lawyer can assess whether you have a claim and, if so, what you might be compensated for. 

It might. For example, if the accident was related to your employment, the Workers' Compensation Act provides for a compensation program that will address your financial, medical and rehabilitative needs. Under Workers' Compensation, you don't have to prove that anyone else was at fault in order to receive benefits.

You don't need a lawyer to file a Workers' Compensation claim. For more information about Workers' Compensation, contact the Workers Compensation Board listed under 'Labour' in the government section of the telephone book, or call 1.800.870.3331 in the Halifax Regional Municipality or 1.902.563.2444 in the Sydney area, or visit their website at http://www.wcb.ns.ca

In some cases, this is very important. If someone else's negligence caused your injury, in most cases you can sue them for damages. However, if your own behaviour contributed to the accident, the amount of compensation you receive might be less than it would have been had you been a completely innocent by-stander. If your injury was simply an "act of nature", that is, it cannot be attributed to any person, then you may have to rely on your own accident insurance.

The general damages cap limits pain and suffering awards for minor injuries.

There are two cap time periods. Neither affects claims for other types of compensation, such as lost income and medical expenses, which are in addition to the general damages cap compensation. 

The first applies to motor vehicle accidents that happened on or after November 1, 2003 and up to April 27, 2010. Pain and suffering awards for minor injuries during this period are limited to $2,500.   

Nova Scotia's Insurance Act defines a 'minor injury' in this cap period as a personal injury that:

a) does not result in a permanent serious disfigurement;
b) does not result in a permanent serious impairment of an important bodily function caused by continuing injury which is physical in nature; OR
c) resolves within 12 months following the accident.

For motor vehicle accidents that happened on or after April 28, 2010 the general damages cap has risen to $9,300 (2022- indexed to inflation; click here for previous years) and now only applies to sprains, strains and certain types of whiplash and not broken bones, etc.

The legal definition of a minor injury is complicated. It is therefore very important that you speak with a lawyer about your particular situation.

Other potential sources include Employment Insurance sick benefits, Canada Pension Plan disability benefits, short term disability and long term disability benefits under a group plan that you may have through your employer, provincial income assistance, and benefits which are included in motor vehicle insurance policies.

Winning a lawsuit is only the first step. You can have a valid judgment saying you are owed money, but the debtor may have little or no income, property, or money available to collect. Enforcement can only work if there is something to enforce against. This is often the biggest practical challenge in collecting on a judgment. 

That is why it is important to consider the debtor’s ability to pay before you sue.

Before you start a lawsuit, you must think carefully about whether the person you are suing is likely able to pay a judgment if you win. 

Ask yourself practical questions about the debtor's financial situation. For example:

• What is the debtor's source of income? Income sources could include wages from a job, a business, or government benefits.
• What assets do they own? Assets include land, bank accounts, and vehicles.

Even if you have a strong claim, a lawsuit may not be worthwhile if there is little realistic chance of collecting on a judgement.

Enforcement is not always one single process. The step you take depends on what you know about the debtor and what asset you are trying to reach. In Nova Scotia, common enforcement options include:

• Registering a judgment-related document in the Personal Property Registry (PPR)
• Recording the judgment against the debtor’s land
• Getting an Execution Order and asking the Sheriff to garnish wages or seize money
• Getting an Execution Order and asking the Sheriff to seize and sell personal property

If the court ordered the return of specific goods, a Recovery Order may also be available.

If you want the Sheriff to garnish wages, seize money from a bank account, or seize and sell personal property, you will generally need an Execution Order issued by the court. The Execution Order will follow a form set out in the Civil Procedure Rules. Once issued, this order gives the Sheriff the legal authority to take enforcement actions. The Sheriff will also need practical information about the debtor’s employer, bank, or other assets before taking enforcement steps.

If you want the Sheriff to act on an Execution Order, you must generally register the certificate of judgment in the Personal Property Registry (PPR). The Sheriff will not take steps to enforce an execution order until you provide the Verification Statement as proof of PPR registration. 

If the debtor owns land, you may be able to record the judgment against that land through the Land Registration Office. This can affect the debtor’s ability to sell or mortgage the property without dealing with the judgment. The registration is generally effective for 5 years and may be renewed up to 3 times, for a total of 20 years, if each renewal is done on time. If the judgment has been recorded against land for at least 1 year, you may then be able to ask the Sheriff to take steps toward a sale of the land.

1. There are rules about how much a person’s wages can be taken

The law places limits on how much of a person's pay can be taken, or garnished, to ensure they can still live. The Sheriff can take a maximum of  15% of a debtor's gross wages. Also, a person is allowed to keep a minimum amount of net income each week. For a person with a dependent, this minimum is $450 per week. For a person without dependents, it is $330 per week. 

2. Some of the debtor’s property is protected from being seized

The Sheriff can only seize certain possessions. The law protects specific items so the debtor can maintain a basic standard of living and earn a living. These items are exempt from seizure. Examples of exempt property include:

• Necessary clothing and food.
• Basic household items.
• Tools of the trade up to a certain value.

The law ensures that even after losing a lawsuit, the debtor has the means to live and continue working. 

If your court order is for child support or spousal support, the enforcement process is different from the process for most other civil debts. 

In Nova Scotia, support orders are generally enforced through the Maintenance Enforcement Program (MEP), a free government service that collects support payments. 

Once an order is being enforced through MEP, only MEP can decide how to enforce it, and a regular Execution Order generally cannot be used to enforce the support payments. One rare exception may apply if MEP provides written confirmation that it cannot enforce a particular term of the order.

MEP has enforcement powers that ordinary civil creditors do not, for example:

• Collecting directly from the debtor’s federal payments, like tax refunds.
• Suspending the debtor's driver’s license.
• Reporting the debt to credit bureaus.

If support is set out in a separation agreement rather than a court order, the agreement must generally be registered with the court first before MEP can enforce it as a court order. 

If you are already enrolled in MEP, you must use their process instead of a separate Execution Order. You should check with MEP before trying to enforce a support order on your own. 

Collecting a judgment can involve several people or offices, depending on which enforcement step you use.

Judgment Creditor: This is the person or organization who won the lawsuit and is owed money or the return of property. If you are enforcing the order, you are the judgment creditor.

Judgment Debtor: This is the person or organization who owes money or must return property under the court order.

Sheriff’s Office: The Sheriff may help enforce certain court orders. For example, the Sheriff may act on an Execution Order to garnish wages, seize money, or seize and sell personal property. The Sheriff may also act on a Recovery Order to seize goods that were ordered returned. The Sheriff will usually need the proper court document, proof of any required PPR registration, and enough information about the debtor’s assets or their location before acting.

Land Registration Office / Personal Property Registry: These offices do not collect the money for you, but they are part of the enforcement picture. Recording a judgment against land may affect the debtor’s ability to sell or mortgage land. Registering in the Personal Property Registry (PPR) may affect the debtor’s dealings with personal property and is generally required before the Sheriff will act on an execution order.

Sometimes, other people may also become involved:

Licensed insolvency trustee: If the debtor files for bankruptcy, bankruptcy law may stop or limit ordinary enforcement steps. A licensed insolvency trustee then takes control of the debtor’s non-exempt assets for the benefit of creditors under the bankruptcy process.

Personal Representative (Executor or Administrator): If the debtor dies, enforcement may have to proceed through the debtor’s estate rather than directly against the debtor. 

Enforcement often takes a long time. It is important to know that a court judgment is not a fast, guaranteed cheque.

How long enforcement rights can last

A court judgment or order takes effect when it is issued, unless it says otherwise. 

The steps used to enforce that judgment have their own time limits. An Execution Order usually expires 5 years after it is issued unless the court extends it. A judgment may also be registered against personal property in the Personal Property Registry for 1 to 20 years from the date the judgment was issued. If the debtor owns land, a judgment recorded against land is generally effective for 5 years from the date of the judgment and may be renewed up to 3 times, for a total of 20 years.

How long enforcement takes in practice

The actual process of collecting the money is often slow and incremental. It is rarely a one-time event where all the money is collected at once.

• Choosing and setting up the enforcement step: The time involved depends on what you are trying to enforce against. For example, you may need to get an Execution Order, register the appropriate document in the PPR, record the judgment against land, or provide the Sheriff with detailed information about the debtor’s employer, bank, or property. These steps can all take time
• Garnishment over time: If wages are garnished, collection usually happens bit by bit each pay period. Because only part of the debtor’s wages can be taken, it may take many months or longer to collect the full amount.
• Discovery in Aid of Execution: If you need help finding the debtor’s assets, you may be able to use Discovery in Aid of Execution. This can require the judgment debtor to answer questions under oath and provide documents about their finances. A subpoena for the judgment debtor may be issued by the Prothonotary. If you want discovery from someone else, you generally need a judge’s order.
• Sale of property: If the Sheriff seizes personal property, arranging seizure, storage, advertising, and sale can take time and may involve added costs. If you record the judgment against the debtor’s land, you generally must wait at least 1 year before asking the Sheriff to take steps toward a sale of the land.

You should expect enforcement to be time-consuming and sometimes difficult. You may also have to pay filing fees, registration fees, deposits, Sheriff’s fees, and other enforcement costs along the way.

The first step is to give the debtor a chance to pay on their own. Sometimes the debtor pays after the court order is issued, or makes payment arrangements that are followed. If that happens, no further enforcement steps may be needed. If the debtor does not pay, you must decide which enforcement option fits what you are trying to collect.

Before choosing an enforcement step, gather as much information as you can about the debtor’s situation. 

Depending on the option you want to use, this may include where the debtor works, where they bank, whether they own land, or what personal property or goods they have and where those items are located. The more information you have, the more likely enforcement will be effective. 

If you do not have enough information, you may be able to use Discovery in Aid of Execution to require the judgment debtor to answer questions under oath and provide documents about their finances. A subpoena for the judgment debtor may be issued by the court’s Prothonotary. If you want discovery from someone else, you generally need a judge’s order.

You may use one or more of these options, depending on the circumstances:

Option A: Register against land

If the debtor owns land, you can ask the court office to prepare a Certificate of Judgment and record it at the Land Registration Office in the county where the land is located. This creates a lien on the land. It will affect the debtor’s ability to sell or mortgage the land without dealing with your claim. If one year passes and you still have not been paid in full, you may then ask the Sheriff to take steps toward sale of the land. 

Option B: Register in the Personal Property Registry (PPR)

This option does not by itself make the Sheriff collect money for you. It is a registration step. You can register the court order, execution order, or certificate of judgment in the PPR. If you later want the Sheriff to act on an Execution Order, you will need to provide the Verification Statement from that registration.

Option C: Get an Execution Order to collect money

If you want the Sheriff to garnish wages or seize money from a bank account or another third party, you will usually need an Execution Order. You must apply to the court to get this order.

You must also register the appropriate document in the PPR and give the Sheriff the Verification Statement from that registration. The Sheriff will also need details such as the debtor’s employer, bank, or other source of funds.

Option D: Get an Execution Order to seize and sell personal property

If you want the Sheriff to seize and sell personal property, you will usually need an Execution Order. You must request it from the court office. You must also register the appropriate document in the PPR and give the Sheriff the Verification Statement from that registration. The Sheriff will need detailed information about the property, including what it is, any identifying numbers, and where it is located. 

Option E: Get a Recovery Order for goods ordered returned

If the court ordered specific goods to be returned to you, you can ask the court for a Recovery Order and then ask the Sheriff to try to recover those goods and return them to you. To do this, you should provide as much detail as possible about the goods, including what they are, any identifying numbers or features, and where they are located.

If you are asking the Sheriff to enforce an Execution Order, the Sheriff will need the required court document, proof of registration in the PPR if applicable, and practical information about the debtor’s employer, bank, property, or goods. The Sheriff will not take steps on an execution order until the creditor provides proof of registration in the PPR. 

Some enforcement options only remain effective if registrations are renewed on time. For example, an Execution Order in Nova Scotia usually expires 5 years after it is issued, unless it is renewed by the court. PPR registrations must be kept current, and land-related registrations must also be renewed within their own time limits. 

Because enforcement can take months or even years, it is important to watch these deadlines carefully. You may have to pay filing fees, registration fees, deposits, Sheriff’s fees, and other costs depending on the enforcement option you choose.

Enforcement can take time. If the collection is not successful right away, that does not always mean enforcement is over. If you later learn new information, such as a new employer, bank account, or asset, you can provide that information to support further enforcement steps.

Note that the Sheriff will deduct their own fees from the money they collect.  

An appeal is when the losing party asks a higher court to review the decision. In Nova Scotia, filing an appeal does not automatically stop enforcement. To pause collection, the debtor usually needs to ask for a stay of execution or enforcement. 

If a stay is granted, enforcement is suspended until the appeal is resolved. The court may grant a stay on terms it considers just, or refuse the stay and allow enforcement to continue. 

If the debtor moves to another Canadian province or territory, or to another country, you may need to take additional legal steps in that place before you can enforce the judgment there. 

In some places, simplified registration procedures are available, and in others, a different court process may be required. The exact process depends on the law of the place where enforcement is sought. You should consult a lawyer who practices in that area.

If the debtor files for bankruptcy, ordinary enforcement steps may be stopped or limited by federal bankruptcy law. A licensed insolvency trustee may then take control of the debtor’s non-exempt assets for the benefit of creditors. 

In many cases, a judgment creditor becomes one of the creditors in the bankruptcy process and may receive only part of what is owed, or nothing at all, depending on the debtor’s assets and the claims of other creditors.

Deliberately hiding or transferring assets to avoid paying a judgment is sometimes called divesting. This can be fraudulent and illegal.

If you do not know what assets the debtor has, you may be able to use Discovery in Aid of Execution. This can require the judgment debtor to answer questions under oath and provide documents about their finances. A Discovery Subpoena in Aid of Execution for the judgment debtor is issued by the prothonotary. 

If you want discovery from someone other than the judgment debtor, you generally need a judge’s order. If assets were transferred to avoid payment, separate legal steps may sometimes be needed to challenge that transfer. Even then, the practical problem remains the same: enforcement only works if assets or income can be found. 

Joint ownership means two or more people own an asset together, like a house or a bank account. It can make enforcement more complicated.

Joint bank accounts: If a debtor shares a bank account with someone else, the law assumes the debtor owns an equal share of the money unless someone proves otherwise. For example, in an account with two people, the law assumes the debtor owns 50%.

When the Sheriff tries to take money from a joint account, the bank must give notice to the account holders. Unless an interested person files the required court motion within 10 days after notice is delivered, the bank must pay the presumed share to the Sheriff.

Jointly owned land: If the debtor owns land jointly with someone else, you may still be able to record the judgment against the debtor’s interest in that land. But forcing a sale can be more complicated when another person also owns the property.

Jointly owned vehicles or other personal property: If property is jointly owned, enforcement may depend on the debtor’s actual interest in it and on the rights of the co-owner. That can make seizure and sale more difficult. 

A civil lawsuit is a formal legal process used to resolve disputes between people or organizations. The person who starts the lawsuit is the plaintiff. The person being sued, the one defending against the claim, is the defendant.

Lawsuits can involve many different issues. Examples include:

• claims about a broken promise or agreement (called a breach of contract)
• claims about personal harm, like a car accident or a slip and fall (called torts or personal injury)
• disputes over damage to property

In the Nova Scotia Supreme Court, a civil lawsuit is called an action. An action is the standard, formal way to proceed with a complex dispute requiring a full trial with live witnesses. The procedural requirements for an action are set out in the Civil Procedure Rules of Nova Scotia.

This page is about actions, not applications. A court application is a different type of court proceeding. 

There are 2 basic ingredients for a successful lawsuit:

• Cause of action: This is the legal reason for suing the defendant. The plaintiff must show a set of facts that prove the defendant's actions violated their legal rights. For instance, if they are claiming breach of contract, they must prove the defendant breached an existing contract.
• Damages: This refers to the loss or harm suffered by the plaintiff. They must give the court details about their damages, such as lost wages or the cost to repair property.

They must support both parts of their claim with evidence. The evidence could be in the form of documentation, witness testimony, or expert opinion. 

Lawsuits in Nova Scotia usually start in one of 2 main courts:

Small Claims Court: This court is for claims up to $25,000. It is designed to be informal and not too expensive. It mainly handles claims about contracts, personal harm, or property damage.

• Simple procedures: The process is simplified, often needing just 2 court dates. You are not expected to know procedural rules or laws of evidence. The process is designed for people to represent themselves.
• General damages limit: In addition to the $25,000 overall limit, there is a strict $100 limit on general damages. General damages is compensation for losses that do not have a specific price tag, such as pain and suffering or loss of enjoyment of life. 
• Costs: You do not need to hire a lawyer to go through Small Claims Court. However, if you do, you cannot recover your lawyer’s fees in this court (even if you win). You can recover disbursements or out-of-pocket expenses such as the filing fee. 
• Exclusions: This court cannot handle cases about land ownership, wills, or defamation (slander and libel).

Nova Scotia Supreme Court: This court can handle all types of civil lawsuits, and there is no monetary limit on the amount you can sue for. Because the procedure is more formal and complex, having legal representation is often important.

• Rules: You must follow the Civil Procedure Rules. These are strict and detailed. Unlike Small Claims Court, you are expected to provide written legal arguments and follow formal evidence rules.
• General damages: General damages compensate for losses that lack a specific price tag, such as pain and suffering or loss of enjoyment of life. Unlike Small Claims Court, there is no $100 limit here. Judges award amounts for pain and suffering based on previous cases and medical evidence. 
• Legal representation: Because the rules are so complex, it is very difficult to navigate this court without a lawyer. If you lose, a judge may order you to pay a portion of the other side’s legal fees.

The plaintiff has a time limit to start a lawsuit, which is usually two years from when they discovered their claim. This is called the limitation period. 

However, as the defendant, you have a crucial response deadline. You must respond by filing a Notice of Defence with the court. You must also serve your Notice of Defence on the plaintiff (or their lawyer). 

The time a defendant has to file a Notice of Defence depends on where they were when they received your legal papers:

• 15 days if they were served in Nova Scotia
• 30 days if they were served anywhere else in Canada
• 45 days if they were served anywhere else in the world.

These deadlines start the day after the lawsuit papers were handed to them.

If you miss this deadline, the court may enter a default judgment against you. A default judgment means the court can rule in favour of the plaintiff without hearing your side of the case.

Winning a lawsuit means the plaintiff receives a court order called a judgment, which states that you, the defendant, owe them money.

Being sued does not automatically mean the plaintiff can take your property right away. If you do not pay a judgment voluntarily, the plaintiff has to take further legal steps to force you to pay. This is called enforcement..

Enforcement requires a special court order, called an Execution Order. This order gives a sheriff the authority to seize your property, garnish your wages (take a portion of your pay), or put a lien on any land you own. Note that some basic items like clothing are exempt and cannot be seized.

Pleadings is the first stage where each side formally states their case in writing. The pleadings refer to the lawsuit and the defence. 

This stage begins when you are served with the lawsuit documents, which include a Notice of Action and a Statement of Claim.

As the defendant, you have several possible responses:

• Filing a Defence: You must file a Notice of Defence and a Statement of Defence to state your side of the story and respond to the plaintiff's claims.
• Filing a Counterclaim: You may have a claim against the plaintiff yourself. You can raise this by filing a counterclaim within your defence.
• Adding a Third Party: You may believe that a third party, not yet in the lawsuit, is entirely or partly responsible for the plaintiff's loss. You can formally add them to the action.

The most serious consequence of doing nothing is a default judgment. If you fail to file a defence on time, the court can rule against you without ever hearing your side of the case.

Disclosure is the process where the parties exchange information and learn about the other side's case in more detail. 

The disclosure may contain documentation that is either in paper or electronic form. You will prepare a sworn list of all relevant documents (like medical or employment income records) and electronic files (like emails or computer records) that they have or control. You must then provide copies of these to the plaintiff. The plaintiff will do the same and provide it to you.

You will likely have to participate in an oral discovery examination - where the plaintiff or their lawyer questions you under oath before a court reporter. The answers are recorded and transcribed. The transcript is evidence in the case. It can be used later at trial. You may also have to answer interrogatories, which are written questions that must be answered in writing.

Most lawsuits end before they ever go to a full trial. The parties can agree to resolve the case at any time, which is called a settlement.

Alternative Dispute Resolution (ADR) methods can help resolve or narrow the issues in dispute:

• Judicial settlement conferences: A judge will help the parties try to reach an agreement at a meeting called a settlement conference.
• Mediation and arbitration: A neutral third party mediator helps the parties resolve the dispute out of court. Agreements reached can be enforced by a judge.

If the case does not settle, it goes to a trial. A trial is a formal hearing where each side presents their evidence to a judge. The evidence includes documents and the testimony of witnesses.

The judge (or sometimes a jury) then decides who wins. Possible outcomes include:

• The judge rules in favour of the plaintiff, granting a judgment that orders the defendant to pay money (damages).
• The judge rules in favour of the defendant, dismissing the claim.
• The judge can also make orders about legal costs. This means the losing party usually has to pay a portion of the winner's legal fees.

Winning a lawsuit and getting a court order (a judgment) is only half the battle. If the defendant does not pay voluntarily, the plaintiff must take further legal steps called enforcement to force payment. The main tool for enforcement is an Execution Order. This order gives a sheriff the legal authority to collect money from the debtor.

Possible enforcement methods include:

• Seizure of property: The sheriff can seize and sell property, like cars or equipment. However, some basic items like necessary clothing and tools of the trade are exempt and cannot be taken.
• Garnishing wages: The sheriff can order an employer to pay a portion of the debtor’s wages directly to the sheriff. There are limits on this. The debtor is allowed to keep a minimum amount to live on.
• Taking money from bank accounts: An execution order can be used to take money from bank accounts.
• Putting a lien on land: You can register the judgment against any land owned by the debtor. This creates a lien, meaning the land cannot be sold or refinanced until the debt is paid. 

A lawsuit in the Nova Scotia Supreme Court is a formal and complex process. Even if you plan to represent yourself, you should talk to a lawyer right away. A lawyer can assess the claim against you, explain your legal options, and help you understand the court's detailed Civil Procedure Rules.

If the lawsuit relates to a car accident, property damage, or an incident that might be covered by one of your insurance policies, notify your insurer immediately. Your insurance company may have a legal duty to defend you. If they defend you, they will hire a lawyer for you.

The law sets strict time limits for when a plaintiff can start a lawsuit. As a defendant, you also have a set amount of time to respond after being served with the lawsuit documents. If you miss the deadline to file your Notice of Defence and Statement of Defence, the court may grant a default judgment against you.

Once a lawsuit has been filed against you, you have an obligation to share all relevant documents and electronic information. You must prepare a sworn list of these records. You must keep all documents related to the claim, including emails, letters, texts, and financial records. Being organized will save you time and help your case. 

Always keep the possibility of reaching a settlement in mind, even while you prepare for trial. A settlement is an agreement between you and the plaintiff to resolve the case. Most lawsuits in Nova Scotia eventually settle before a judge makes a final decision. Going to trial is expensive, slow, and stressful. You may owe the plaintiff legal costs if you lose.

While you must be prepared for trial to have a strong case, a settlement gives you control more control in the outcome and terms.

If you go to trial, you hand that control to a judge. The judge may decide you are owed less than you hoped, or nothing at all. Settling avoids the uncertainty and high costs of a full trial. This is why being open to a fair settlement is always smart.

A demand letter is usually sent before a formal lawsuit begins. It is a letter from the other side's lawyer (the plaintiff) that explains their grievance and asks you to do something to resolve it. The suggested resolution might be paying a sum of money or taking a specific action.

A demand letter means the plaintiff is serious about suing you. It is a sign that you should seek legal advice immediately. Receiving this letter is an opportunity to negotiate a settlement before the case becomes an expensive court action.

If the claim against you might be covered by one of your insurance policies, you have a duty to notify your insurer immediately. 

Being served with a lawsuit means the formal court process has started. You have officially received a Notice of Action and a Statement of Claim (collectively referred to as a lawsuit). The Statement of Claim explains what the lawsuit is about and what facts the plaintiff is relying on.

This is your official notice that you are the defendant. You must act quickly and file your response, the Notice of Defence and Statement of Defence, within a set amount of time to protect your rights.

Do not ignore a lawsuit. If you ignore the lawsuit, the plaintiff can ask the court for a default judgment. A default judgment means the judge can rule against you and order you to pay the plaintiff's claimed damages.

The court can make this decision without hearing your side of the story or seeing any of your evidence. This is why it is crucial to meet all court deadlines.

Being sued does not automatically mean the plaintiff can take your property. If the plaintiff wins the case, they get a court order called a judgment that says you owe them money.

If you do not pay voluntarily, the plaintiff must take further legal steps called enforcement. Enforcement involves getting an Execution Order. This order allows a sheriff to seize and sell your property, garnish your wages, or take money from your bank accounts. Note that some basic items, like necessary clothing and food, are exempt and cannot be seized.

After you file your Notice of Defence and Statement of Defence (completing the pleadings stage), the lawsuit moves to the evidence gathering stage.

You and the plaintiff will exchange relevant documents or disclosure and answer questions under oath during discovery examinations or by interrogatories. This stage allows both sides to learn in detail about the other's case.

A lawsuit can sometimes move slowly, but the defendant is not powerless. The court has rules to keep lawsuits moving efficiently.

If the plaintiff is delaying the case unnecessarily, you can ask the court to intervene. You may be able to file a motion asking the court to compel an action or impose deadlines. A lawyer can advise you on the best steps to take.

To win a civil lawsuit, you must prove two main things:

First, you must prove the other party is legally responsible. This is called liability. In other words, you must show that the defendant has committed a legal wrong that the law recognizes. For example, in a breach of contract claim, you must prove that a contract existed and that the other party broke it. 

Second, you must prove that you suffered loss or harm because of that legal wrong. This is called damages.

You cannot receive damages if liability is not proven. Similarly, even if someone committed a legal wrong, a lawsuit may fail if you cannot prove that their conduct caused you a loss worth compensating. 

Damages is the legal term for the money you ask the court to award you to make up for your loss or harm. You must give the court details about your damages. For example, after a car accident, your damages might include the cost of repairing your car, paying for treatment for your injuries, or replacing wages you lost because you could not work. 

There are 2 main categories of damages:

• Pecuniary damages: These are losses that can be easily calculated in dollar amounts. Examples include lost wages, medical expenses, and the cost to repair or replace property. In Nova Scotia, there is no maximum limit on the amount of pecuniary damages you can sue for. 
• Non-pecuniary damages: These are losses that are not easily calculated, also called “general damages”. They are meant to compensate you for things like pain, suffering, loss of enjoyment of life, and emotional distress caused by the defendant. The law sets the maximum limit for general damage awards at roughly $450,000.

How much money you can receive for damages may be limited by law. Examples of limits include:

Supreme Court of Canada cap on non-pecuniary damages: The Supreme Court of Canada set a general national limit on the amount of non-pecuniary damages for the most severe injuries at roughly $450,000. This amount is adjusted for inflation over time. Most injury claims will result in an award that is much lower than this national limit.

Small Claims Court limits: In Small Claims Court, you can only sue for up to $25,000 total. For the non-pecuniary part of your claim, the limit is only $100.

Minor injury cap for car accidents: Nova Scotia law places a separate limit, or cap, on the amount of non-pecuniary damages you can claim for certain minor injuries from a motor vehicle accident. This cap applies to soft tissue injuries like sprains, strains, and some forms of whiplash. The amount of this cap changes each year with inflation; for example, it was $10,862 in 2026.

This cap does not limit claims for other types of damages, such as lost wages or medical costs.

To receive any compensation, you must prove the losses and their value to the court. Proof requires clear evidence. Your evidence must show how the injury or loss happened and how it has affected your daily life and/or work.

Common types of evidence used to prove damages include:

• Receipts and invoices
• Pay stubs, tax returns, and employment records
• Medical records and treatment records
• Expert reports (medical, vocational, economic)
• Testimony from you, your family, friends, and co-workers

Psychological trauma is often harder to prove because it is less visible than physical injury. Medical or psychological reports are often necessary to prove your psychological harm.

The exact amount of compensation you may be awarded is always specific to your case. A court or lawyer looks at many things to decide how much your claim is worth.

Factors about your injury

The court considers the nature and type of your injury. This includes the severity of the injury and whether it is permanent. They also assess how the injury affects your daily life and your ability to work.

Factors about you and your evidence

The court will look at your age and other life circumstances. Any pre-existing conditions you had before the injury are also considered. A key factor is The strength of your evidence and how believable you and your witnesses are.

Legal rules that affect the final amount

The court checks if there are any legal limits or caps that apply to your claim. If you share some blame for the accident, this is called contributory negligence. This will reduce the amount you can be awarded. You must also follow the legal rule of mitigation of loss. This means you have a duty to take reasonable steps to prevent your losses from worsening.

Knowing the exact value of a lawsuit is difficult, especially when you are just starting. Lawyers are often careful about predicting a final amount until they have a clearer picture of the evidence. This clearer picture comes after both sides share information and documents, and ask questions during discovery examinations.

The two types of damages are valued differently:

Pecuniary damages: Losses you can calculate, like medical bills or lost wages, are often easier to estimate using receipts and other financial documents.

Non-pecuniary damages: These are harder to value. Lawyers will research earlier court decisions, called case law, to find similar cases to yours. They also consider any legal limits or caps that apply to your claim.

Psychological injuries are just as real and serious as physical injuries. However, they are often harder to prove because they are not visible in the same way as a broken bone.

If you are claiming for a psychological injury, courts usually expect to see:

• Medical or psychological records or reports
• An explanation of how your life has changed due to the injury

Making a claim for psychological injury means the other side may ask questions about other causes for your mental health status. They have a right to request your psychiatric or counseling records, sometimes going back many years.

Yes, if you claim damages for a physical or psychological injury, you must disclose relevant medical records to the other side. Disclosure is when you share all documents and electronic files that are relevant to the case.

Courts try to balance your right to privacy with the other side’s right to test your claim and get the necessary information. The rules about how far back your medical history must go are technical. If you try to limit disclosure, it can lead to disputes and delays in your case. If you have concerns, you should consult a lawyer.

No, not usually. Typically, everyday stress, frustration, or annoyance does not result in a successful claim for damages. The law requires you to prove you suffered a serious and prolonged loss or injury. The courts look for a proven injury or loss that is directly linked to the other person's conduct.

Nova Scotia has different levels of court that deal with different legal issues.

• Small Claim Court deals with many civil matters where a person is suing, or being sued,  for $25,000 or less.
• The Provincial Court hears most criminal cases in Nova Scotia but it cannot deal with very serious criminal charges, like murder trials.
• The Probate Court deals  with wills and estate issues.
• Nova Scotia Supreme Court hears serious criminal cases including jury trials and most civil law suits that involve sums of more than $25,000.
• The Supreme Court (Family Division)  deals with all family law matters in Nova Scotia.
• The Nova Scotia Court of Appeal is the highest court in Nova Scotia, and plays a significant role in interpreting Nova Scotia law. Appeals of decisions of lower courts in the province are heard by the Court of Appeal. A decision of this court can, with permission ('leave' of the court), be appealed to the Supreme Court of Canada, the highest court in Canada.

Once the Supreme Court of Canada has said what the law is, only the federal Parliament (if the law in question is federal) or the provincial legislature (if it is a provincial law), can change it by passing new legislation, or by changing existing legislation. However, if the law is part of the Constitution, then the ruling of the courts is final and cannot be changed by the federal parliament or the provincial legislature.

There are special federal courts that deal with specific matters such as tax and immigration.

For more information on courts, visit:

• the Nova Scotia Courts website (courts.ns.ca)
• the Supreme Court of Canada (www.scc-csc.ca)
• the Federal Court of Canada (www.fct-cf.gc.ca/en/home)

Some things to think about:

Can you get legal help? Have you explored all options for getting legal advice? Even a single meeting with a lawyer may help. A lawyer can talk with you about your likelihood of success and can help clarify your questions about the law or the process. Check this list of free and low-cost ways to get legal help in Nova Scotia.  Also, some lawyers in private practice offer help with just part of a case or there may be some wiggle room in terms of fees. Here is general information about how lawyers may charge for their work.

Is there another way to solve the dispute? Have you looked at other possible ways to resolve the issue? Here is information about working things out without court.

Are there time limits for starting a civil lawsuit for this particular issue? Have you missed them? Here is information about time limits.  It is a good idea to speak with a lawyer if you aren't sure.

Do you understand the risks of going to court? Going to court is often the hardest way to solve disputes. Some things to think about:

• Court costs money.  For example, there are filing fees. It costs $218.05 (plus law stamp $25+HST) to start a claim in the Nova Scotia Supreme Court, or $99.70 to claim less then $5000 in Small Claims Court.  In some cases and if you have a low income you may be able to get the court fees waived. Find other court fee information, including information about fees that may be waived, here.    Other expenses may include the cost of witnesses, experts, discoveries, photocopying, your time, etc.
• Costs if you lose. Could you be on the hook for some of the other side's costs if you lose (for example: some of their legal fees and out-of-pocket expenses)? Costs awards can range from a few hundred dollars to tens of thousands of dollars, depending on the case. 

Your health and well-being. Your credibility may be challenged. Court is like a battle.  If you are starting a lawsuit you must prove your version of the facts. There will be an emotional toll on you, your family, and friends. Going through a court process is stressful and may negatively affect both your mental and physical health

Court can take a long time.  Are you prepared to spend evenings and weekends working on the case? Can you take time off work to go to court? The court process may take months to years.

Is there a legal basis (merit) for your claim and can you get legal help to figure that out?

Can you handle the workload? There are many steps along the way. Going to court: Doing a trial on your own is challenging, and people who go to court without a lawyer do not succeed as often as people who go to court with a lawyer representing them.

Each court has its own set of rules and forms that are used in that court. Go to courts.ns.ca or contact the court you are dealing with for current information about court rules and forms.

The Nova Scotia Civil Procedure Rules are procedural rules and forms made by judges, outlining the practical processes and paperwork for going to the Supreme Court of Nova Scotia, including the Supreme Court-Family Division, and the Nova Scotia Court of Appeal. The Civil Procedure Rules on the Courts of Nova Scotia website are searchable, and in some cases include online interactive versions of court forms, so they can be filled out on a computer.

This section includes information on:

• how to save on legal fees
• how to represent yourself in court
• links to legal services and online resources

The following legal information does not replace a lawyer’s advice. You will need legal advice for most family law decisions. Go to nsfamilylaw.ca — getting legal advice for more information.

Last reviewed: August 2022

The Probate Court in each of Nova Scotia's probate districts has free legal information publications about going to Probate Court. You can get copies by visiting or by calling your local Probate Court office or by going to the Courts of Nova Scotia website, courts.ns.ca/Self_Reps/self-rep_home.htm#Probate.

Probate court contact information is available on the Courts of Nova Scotia website.

The information available from the Probate Court includes:

• The Probate Act - Questions and answers
• Dealing with an estate
• Grant of probate - checklist
• Grant of administration with will annexed - checklist
• Grant of administration - checklist
• Passing the accounts of an estate in Probate Court - checklist
• How to prepare the final account of the personal representative

Our Preparing for Small Claims Court App is a detailed resource for people considering going to Small Claims Court.

It includes self-advocacy videos and tips from Small Claims Court Adjudicators. 

There is also information about Small Claims Court on the Court's website.

Go to courts.ns.ca to find court forms for dealing with a civil action in the Supreme Court of Nova Scotia, from the Civil Procedure Rules of Nova Scotia (court rules & forms) including:

• Starting a Civil Action (Notice of Action)
• Starting an Action for Debt
• How to Defend an Action

Note: The Nova Scotia Courts offer free weekly legal clinics for self-represented litigants with certain types of cases going to the Nova Scotia Supreme Court or the Court of Appeal. Private one-hour sessions with a volunteer practicing lawyer and a law student are available by appointment during the clinic's scheduled hours of operation.  Here is information about the Free Legal Clinics.

Go to courts.ns.ca for information about representing yourself at the Nova Scotia Court of Appeal,  including:

• A How-to Manual for Civil Appeals to help you make an informed decision about whether to appeal, and how to appeal a judgment in a civil law case
• All about preparing your Appeal Book.

You can find these resources and other helpful information on the "Representing Yourself in Court" page of the court's site: https://courts.ns.ca/resources/public/representing-yourself-court

Note: The Nova Scotia Courts offer free weekly legal clinics for self-represented litigants with certain types of cases going to the Nova Scotia Supreme Court or the Court of Appeal. Private one-hour sessions with a volunteer practicing lawyer and a law student are available by appointment during the clinic's scheduled hours of operation.  Here is information about the Free Legal Clinics.

There is information about representing yourself in Federal Court on the Federal Court of Canada website. 

Nova Scotia's Limitation of Actions Act gives time limits for starting a civil lawsuit.  The new Limitation of Actions Act became law on September 1, 2015.

Limitation periods prevent a claimant from starting a lawsuit after a certain time period has passed.  The general idea is to give claimants a reasonable amount of time within which to sue, but at the same time respect the defendant's right to certainty and closure about potential claims.

The law says there is a two year basic limitation period (time limit) for suing in court. The two year time limit clock starts ticking from the date the person "discovers" that they have a legal claim. The new Limitation of Actions Act applies to claims to remedy an injury, loss or damage that resulted from something someone did (an act), or failed to do (an omission). Examples are a personal injury, medical malpractice or breach of contract claim.

There are some exceptions to the two year time limit rule.   For example, there is no time limit for making a sexual misconduct or abuse claim.  Depending on the type of claim, there may also be time limits in other statutes that would take precedence over time limits in the Limitation of Actions Act.

There is also a 15 year "ultimate" time limit for claims which may take longer to discover.  An example is medical complications from surgery which may take several years to find out about.

It is important to check with a lawyer for legal advice if you are not sure what limitation period may apply to your situation.

For more information:

• NS government news release: novascotia.ca/news/release/?id=20150805001
• NS Department of Justice summary of Nova Scotia's Limitation of Actions Act: novascotia.ca/just/documents/Limitation-of-Actions-Act.pdf
• Read the new Limitation of Actions Act: nslegislature.ca/legc/bills/62nd_2nd/3rd_read/b064.htm

You have been charged with a criminal offence. You have never been to court before.

You will find information here about:

• When you have to be in court
• Who will be in court
• How to prepare for trial; and
• What happens in court.

This page gives general information about going to Provincial Court. It does not give legal advice. If you are charged with a crime, you should speak with a lawyer to get legal advice. If you are charged with a serious criminal offence, your trial may be in the Supreme Court. If you have to go to the Supreme Court, it is even more important that you have a lawyer. 

Try to speak with a lawyer before you go to court. Go here for ways to find a lawyer.

If you are interested in appealing a criminal conviction or a sentence, you can find a how-to manual for criminal appeals on the court's website here: https://www.courts.ns.ca/resources/public/representing-yourself-court (the manual is in the section entitled "Resources for People Appearing in the Court of Appeal").

You can download the manual in PDF format: The Criminal Appeal: A How-to Manual (pdf).

The manual aims to help you make an informed decision about appealing a criminal conviction or sentence.

Starting an appeal means you are prepared to dedicate the time, energy, focus and possibly the money to see the appeal through to its conclusion. You should not start an appeal unless you are committed to this process.

A civil lawsuit is a formal legal process used to resolve disputes between people or organizations. The person who starts the lawsuit is the plaintiff. The person being sued, the one defending against the claim, is the defendant.

Lawsuits can involve many different issues. Examples include:

• claims about a broken promise or agreement (called a breach of contract)
• claims about personal harm, like a car accident or a slip and fall (called torts or personal injury)
• disputes over damage to property

In the Nova Scotia Supreme Court, a civil lawsuit is called an action. An action is the standard, formal way to proceed with a complex dispute requiring a full trial with live witnesses. The procedural requirements for an action are set out in the Civil Procedure Rules of Nova Scotia.

This page is about actions, not applications. A court application is a different type of court proceeding. 

There are 2 basic ingredients for a successful lawsuit:

• Cause of action: This is your legal reason for suing the defendant. You must show a set of facts that prove the defendant's actions violated your legal rights. For instance, you must prove they breached an existing contract.
• Damages: This refers to the loss or harm you suffered. You must give the court details about your damages, such as lost wages or the cost to repair property.

You must support both parts of your claim with evidence. The evidence could be in the form of documentation, witness testimony, or expert opinion. 

Lawsuits in Nova Scotia usually start in one of 2 main courts:

Small Claims Court: This court is for claims up to $25,000. It is designed to be informal and not too expensive. It mainly handles claims about contracts, personal harm, or property damage.

• Simple procedures: The process is simplified, often needing just 2 court dates. You are not expected to know procedural rules or laws of evidence. The process is designed for people to represent themselves.
• General damages limit: In addition to the $25,000 overall limit, there is a strict $100 limit on “general damages” i.e., compensation for losses that do not have a specific price tag, such as pain and suffering or loss of enjoyment of life. 
• Costs: You do not need to hire a lawyer to go through Small Claims Court. However, if you do, you cannot recover your lawyer’s fees in this court (even if you win). You can recover “disbursements” or out-of-pocket expenses such as the filing fee. 
• Exclusions: This court cannot handle cases about land ownership, wills, or defamation (slander and libel).

Nova Scotia Supreme Court: This court can handle all types of civil lawsuits, and there is no monetary limit on the amount you can sue for. Because the procedure is more formal and complex, having legal representation is often important.

• Rules: You must follow the Civil Procedure Rules. These are strict and detailed. Unlike Small Claims Court, you are expected to provide written legal arguments and follow formal evidence rules.
• General damages: General damages represent compensation for losses that do not have a specific price tag, such as pain and suffering or loss of enjoyment of life. Unlike Small Claims Court, there is no $100 limit here. Judges award much higher amounts for pain and suffering based on previous cases and medical evidence. They can award up to a maximum of roughly $450,000 for general damages (separate from other categories of damages such as income loss).
• Legal representation: Because the rules are so complex, it is very difficult to navigate this court without a lawyer. If you lose, a judge may order you to pay a portion of the other side’s legal fees.

You cannot wait forever to start a lawsuit. A law called the Limitation of Actions Act sets strict time limits. In most cases, you have 2 years to start a lawsuit.

This 2-year clock starts running when you discover your claim. You have "discovered” your claim when you knew, or should have known, all of these things:

• you suffered an injury, loss, or damage
• the damage was caused by something someone did or failed to do
• a legal proceeding would be an appropriate means to seek a remedy

There is also a final deadline, called the ultimate limitation period. You cannot start a lawsuit more than 15 years after the act that caused the problem happened. Other laws can also set different time limits for specific types of claims.

Collecting the money you are owed can be a major practical problem, even if you win your case. Winning a lawsuit only gives you a court order, called a judgment, that says someone owes you money.

If the person who lost (the judgment debtor) does not pay you willingly, you must take legal steps to force them to pay. This process is called enforcement. The court can issue an Execution Order. This order allows a sheriff to take certain actions to collect money from the debtor. The sheriff can seize and sell property, garnish wages, or take money from bank accounts.

However, the biggest hurdle is when the debtor has no money or property to take. If the person you sue has no savings, is unemployed, or owns no valuable assets, the court order is just a piece of paper. This is why you must consider the defendant's ability to pay before starting a lawsuit. 

Pleadings is the first stage where each side formally states their case in writing. The “pleadings” refer to the lawsuit and the defence. 

The lawsuit is a package of 2 documents:

• Notice of Action: This is the formal announcement that you are suing. It tells the defendant they must give a response or they might lose automatically.
• Statement of Claim: This explains the "who, what, and why" of your case. It describes what happened and what you want the court to give you, such as money.

These documents must be drafted in accordance with the Civil Procedure Rules (Forms 4.02A and Form 4.02B). 

When you give your documents to the court (called filing), a court official will:

• assign a unique number to your case
• stamp the documents with a formal court stamp
• keep the original and give you certified copies to give to the defendant

After filing, you must give the defendant a certified copy of the documents. This is called “service”.

The law says you must use personal service. This means someone must hand the documents to the defendant in person.

Who can serve: You cannot serve the documents yourself. You must ask an adult who is at least 19 years old and can read and write. Many people hire a professional called a process server..

Deadlines: You must serve the lawsuit on the defendant, or an officially designated representative of the defendant, within 1 year of filing it. 

Proof of service: The person who delivered the papers must sign a sworn document called an Affidavit of Service, which must then be filed with the court. This proves to the court that the defendant knows they are being sued.

The time a defendant has to file a Notice of Defence depends on where they were when they received your legal papers:

• 15 days if they were served in Nova Scotia
• 30 days if they were served anywhere else in Canada
• 45 days if they were served anywhere else in the world.

These deadlines start the day after the lawsuit papers were handed to them.

If the defendant misses the deadline 

If the deadline passes and the defendant has not given a defence, you can ask the Nova Scotia Supreme Court for a Default Judgment. This means you win the case because the other side did not show up to fight. 

To get this, you must show the court your Affidavit of Service as proof that the defendant was notified.

• Specific debts: If you are suing for a fixed amount of money (like an unpaid loan), a court official can often sign the order immediately.
• Damages: If you are suing for harm done (like an injury), a judge will usually have to hold a hearing to decide how much money you should get.

Note: A defendant can still send a defence even after the deadline, as long as you have not secured the Default Judgment yet.

Disclosure is the process wherein the parties exchange information and learn about the other side's case in more detail. The disclosure may contain documentation that is either in paper or electronic form. You will prepare a sworn list of all relevant documents (like medical or employment income records) and electronic files (like emails or computer records) that they have or control. You must then provide copies of these to the defendant. The defendant will do the same and provide it to you.

You will likely have to participate in an oral discovery examination - where the defendant or their lawyer questions you under oath before a court reporter. The answers are recorded and transcribed. The transcript is evidence in the case. It can be used later at trial. You may also have to answer interrogatories, which are written questions that must be answered in writing.

Most lawsuits end before they ever go to a full trial. The parties can agree to resolve the case at any time, which is called a settlement.

Alternative Dispute Resolution (ADR) methods can help resolve or narrow the issues in dispute:

• Judicial settlement conferences: A judge will help the parties try to reach an agreement at a meeting called a settlement conference.
• Mediation and arbitration: A neutral third party mediator helps the parties resolve the dispute out of court. Agreements reached can be enforced by a judge.

If the case does not settle, it goes to a trial. A trial is a formal hearing where each side presents their evidence to a judge. The evidence includes documents and the testimony of witnesses.

The judge (or sometimes a jury) then decides who wins. Possible outcomes include:

• The judge rules in your favour, granting a judgment that orders the defendant to pay you money (damages).
• The judge rules against you, dismissing your claim.
• The judge can also make orders about legal costs. This means the losing party usually has to pay a portion of the winner's legal fees.

Winning a lawsuit and getting a court order (a judgment) that says you are owed money is only half the battle. If the defendant does not pay voluntarily, you must take further legal steps called enforcement to force payment. Most methods for enforcement require specific information about the defendant to be effective. 

The main tool for enforcement is an Execution Order. This order gives a sheriff the legal authority to collect money from the debtor.

Possible enforcement methods include:

• Seizure of property: The sheriff can seize and sell property, like cars or equipment. However, some basic items like necessary clothing and tools of the trade are exempt and cannot be taken.
• Garnishing wages: The sheriff can order an employer to pay a portion of the debtor’s wages directly to the sheriff. There are limits on this. The debtor is allowed to keep a minimum amount to live on.
• Taking money from bank accounts: An execution order can be used to take money from bank accounts.
• Putting a lien on land: You can register the judgment against any land owned by the debtor. This creates a lien, meaning the land cannot be sold or refinanced until the debt is paid. 

A lawsuit in the Nova Scotia Supreme Court is very complex. The rules are long and hard to understand. It is easy to make a mistake that can hurt your case.

 You should consult a lawyer as early as possible. A lawyer can tell you if you have a valid legal claim. They can also explain the process and the risks involved. 

Lawyers can sometimes offer different payment options. For example, some personal injury lawyers may work on a contingency fee basis. A contingency fee means the lawyer only gets paid a percentage of the money you win. If you do not win, the lawyer does not get paid a fee for their time. Be sure to ask about all fee options.

Always keep the possibility of reaching a settlement in mind, even while you prepare for trial. A settlement is an agreement between you and the defendant to resolve the case. Most lawsuits in Nova Scotia eventually settle before a judge makes a final decision. Going to trial is expensive, slow, and stressful. You may owe the defendant legal costs if you lose.

While you must be prepared for trial to have a strong case, a settlement gives you control more control in the outcome and terms.

If you go to trial, you hand that control to a judge. The judge may decide you are owed less than you hoped, or nothing at all. Settling avoids the uncertainty and high costs of a full trial. This is why being open to a fair settlement is always smart.

A formal lawsuit is called an action. An action asks the court for a final decision and for money (damages). 

In some cases there are other ways to deal with legal problems that are faster, cheaper, and less complex than an action. These are often much more practical. 

One type of court process that is not an action is an application. An application asks the court to address a specific, narrow issue rather than the entire case. For example, a judicial review is an application. This is where you ask the Nova Scotia Supreme Court to review a decision made by an administrative board or government body.

Other problems can be solved completely outside of the courts. These are often handled by specific boards or tribunals, which are less formal than the Supreme Court. Examples of these processes include:

• Human rights complaints: For issues of discrimination.
• Workers' Compensation Board (WCB): For claims related to workplace injuries.
• Union grievance proceedings: For issues that your union can deal with.
• Professional complaints: If you have a problem with a lawyer, doctor, or other regulated professional, you can complain to their specific regulatory body.

Using these other options may be simpler and more direct than a lawsuit. Always check if a non-court option is available to you before committing to a lawsuit.

The time limit to start a lawsuit is very strict. In most cases, you have 2 years from the date you discover your claim. This time limit is set out in the Limitation of Actions Act. 

If you start your lawsuit even one day late, the court will likely dismiss your entire case. This means you will lose your chance to sue, no matter how strong your evidence is. 

Do not wait for your injuries to heal or your personal life to settle down. If you think you might need to sue, you should speak to a lawyer right away. They can make sure your legal documents are given to the court before the deadline passes. It is a critical step that you cannot miss.

Once you file a lawsuit, you have an obligation to share all relevant documents and electronic information. You must prepare a sworn list of these records. You must keep all documents related to the claim, including emails, letters, texts, and financial records. Being organized will save you time and help your case. 

Only a lawyer can give you a formal opinion on the strength of your legal claim. Assessing a claim is a highly fact-specific task. This means the answer depends entirely on the unique details of your situation.

When you ask a lawyer, "Do I have a case?" they must consider many factors to determine whether a lawsuit is worthwhile. A lawyer generally considers:

• Legal merit: Is there a clear, valid legal reason to sue? This is called a cause of action. For example, did the defendant's actions meet the legal test for negligence or a breach of contract?
• Damages: Did you suffer a real and measurable loss or injury? If you win, will the judge be able to order an amount of money that makes the time and cost of the lawsuit worthwhile?
• Evidence: Do you have enough proof to convince a judge that the defendant is legally responsible and that your damages are real?
• Time limits: Is your claim within its applicable limitation period? If the deadline has passed, you do not have a case.
• Enforceability: Does the person or company you are suing have the money or assets to pay the judgment if you win? Winning a lawsuit against someone with no money is often a wasted effort.
• Cost and risk: How expensive will the lawsuit be, and how does that compare to the amount you might win? Lawsuits can be costly, and there is always a risk that you could lose and have to pay some of the other side's legal fees.

A good lawyer will assess all of these factors before telling you if your claim is viable or likely to succeed.

Determining the exact value of a lawsuit is difficult and is rarely done at the start of the case. A lawyer will often defer making predictions until after key steps, such as Disclosure and Discovery, are complete. These steps allow both sides to gather all the evidence. Only then can a true valuation be made.

The value of a claim is generally based on the types of losses you have suffered. Damages are usually divided into 2 main categories:

• Pecuniary damages: These are losses that can be easily calculated in dollar amounts. Examples include lost wages, medical expenses, and the cost to repair or replace property.
• Non-pecuniary damages: These are losses that are not easily calculated. They are meant to compensate you for things like pain, suffering, loss of enjoyment of life, and emotional distress caused by the defendant. The law sets limits on these types of damages.

A contingency fee agreement means the lawyer only gets paid if you win your case or reach a settlement. The lawyer's fee is a set percentage of the money you receive. If you lose, you typically do not owe the lawyer any money for their time. You may still be responsible for expenses like court fees.

Contingency fees are most common in certain areas of law, such as personal injury claims (like car accidents or slip and falls). They are less common for commercial disputes or non-monetary claims.

When deciding whether to take a case on contingency, a lawyer will generally consider several factors, including:

• The likelihood of winning: Is there a strong chance of proving liability?
• The value of the claim: Is the amount of money at stake large enough to justify the lawyer's time and risk?
• The availability of evidence: Do you have solid proof to support your claim?
• The defendant's ability to pay: Will the defendant or their insurance company be able to pay the judgment if you win?

If your case has a good chance of success and a reasonable potential value, a lawyer may be willing to take it on a contingency fee.

You should not file a lawsuit if you are not prepared to go to a trial. It is a possibility. However, most lawsuits do not go to trial. They often settle. 

A settlement is a voluntary agreement to end the dispute. This agreement can be reached at any point, even the day before the trial is scheduled to begin. Settling a case gives you control over the outcome. It is often faster, less stressful, and less expensive than a trial.

While you must be prepared to go to trial to protect your rights, your lawyer will look for opportunities to settle through negotiation. A settlement means you can avoid the uncertainty of a judge making the final decision.

There is no set answer for how long a lawsuit will take. Cases in the Nova Scotia Supreme Court that go through all the steps can take 1 to 3 years, or even longer.

The time a lawsuit takes depends on many factors, including:

• The complexity of the dispute: A simple personal injury claim usually moves faster than a complex commercial dispute.
• The conduct of the other party: If the defendant fights the claim every step of the way, or is slow to respond to court deadlines, the case will take longer.
• The amount of evidence: If there are hundreds of documents to review and many witnesses to interview, the evidence process will be long.
• Court resources: Court time is limited. Waiting for an opening in the court's schedule for a trial date can often add several months to the process.

Your lawyer can give you a more accurate estimate once they know the details of your claim and how the defendant plans to respond. 

For most legal claims in Nova Scotia, you must start your lawsuit within 2 years. This 2-year period is known as the General Limitation Period.

This deadline applies to many common types of claims, such as:

• Lawsuits for injuries caused by another person's mistake or carelessness.
• Lawsuits based on a breach of contract.
• Lawsuits for damage to your property.

If you're thinking about suing someone, you must take action quickly. Waiting too long can stop you from ever having your case heard by a judge.

It's important to know exactly when the 2-year period begins. The clock does not always start on the day the injury or problem happened. The law says the clock starts running on the day you knew enough facts to bring a lawsuit - the day you “discovered” your claim.

Discovery means the first day that you knew, or reasonably should have known, all of the following facts:

• That you suffered an injury, loss, or damage.
• That the injury, loss, or damage was caused by an act or failure to act by the person you want to sue. This person is called the defendant.
• A lawsuit is an appropriate way to fix the problem.

The exact day you discovered your claim can be complicated to figure out. 

Immediate Discovery: you are in a car accident. You know you are hurt and who hit you. The 2-year clock starts immediately. 

Delayed Discovery: You have surgery in 2020. You have pain in 2023, and a doctor tells you a tool was left inside. The 2-year clock likely starts in 2023, not 2020. 

The ultimate limitation period is a maximum, fixed timeframe after which a legal claim cannot be filed, regardless of when it was discovered. In Nova Scotia, the ultimate limitation period is 15 years. Unlike the general limitation period, it runs from the date of the act or omission. 

For example, a problem with the construction of your home might be hidden inside the walls for years. You may not notice any damage until 10 years later. If that happens, the 2-year time limitation would start when you discover the damage. But the 15-year ultimate limitation period starts when the construction mistake was made. So if you first find the damage 16 years later, you are too late to sue.

The ultimate time limit is very strict. It's intended to fully close the door on very old claims. The limited exceptions to the ultimate limitation period can be found below. 

The consequence of missing a limitation period is severe. If you start your lawsuit even one day after the deadline has passed, the person you're suing can raise the limitation period as a defence. A defence is a reason why a claim should not succeed.

If the defendant successfully proves that the limitation period has passed, the Nova Scotia Supreme Court will likely dismiss your case. Dismissed means the case is thrown out, and you'll not have a trial on the facts of your claim. You'll lose the right to pursue that claim forever.

This is why the very first thing a lawyer will check is whether the limitation period has expired. Get legal advice right away if you think you have a claim.

The law makes exceptions to limitation periods in some situations. 

Minors:

If the person who could make the claim is under 19, the general 2-year limitation period does not start until they turn 19. 

Sexual Assault:

There is no limitation period applicable to sexual assault claims. This exclusion includes any assault, battery or trespass of the person based on “misconduct of a sexual nature”. 

The exclusion also applies to claims where, at the time of the injury, the claimant was living with a defendant in an intimate relationship or the claimant was dependent on the defendant financially, emotionally, or physically. 

Incapacity:

If a person is unable to start a claim due to a medical condition, the 2-year time limit may be suspended during that time. However, the medical issue must be very serious and well-documented for this to apply. 

The general limitation period is not the only time limit in Nova Scotia. Many other laws and processes set out their own, often shorter, deadlines. If there's a conflict, the shorter, specific deadline usually applies.

Examples of claims with special time limits include:

• Fatal injuries: If a family member brings a lawsuit after a death, it must be started within 1 year under the Fatal Injuries Act.
• Suing a municipality: If you sue a town or city, you must start the claim within 1 year under the Municipal Government Act.
• Administrative tribunals: Boards, tribunals, and regulatory bodies that handle specific issues often have their own strict time limits. For example, a complaint to the Human Rights Commission must be made within 1 year.

You must look at the specific law that applies to your situation. This is why it's essential to get legal advice to ensure you use the correct deadline.

Missing a limitation period makes it extremely difficult to successfully sue. However, in limited situations, it's not always completely impossible.

In Nova Scotia the time limit is a defence. This means the person you're suing, called the defendant, must actively raise the expired time limit in court. If the defendant forgets to raise the defence, or does not have a lawyer who spots the issue, the lawsuit might still proceed. This is very rare, especially when a lawyer is involved.

In summary, once the 2-year general limitation period has passed, the chance of success is very low. You should always assume that the deadline is firm.

This is a common concern. If a debt is very old, the time limit for suing to collect it may have passed. However, there are 2 key points to understand about old debts in Nova Scotia.

First, even if the 2-year limitation period has expired, it does not mean the debt is erased. The debt still exists, but the creditor has lost the legal right to use the Nova Scotia courts to force you to pay. 

Second, the 2-year limitation period can start over if you do certain things. The law says that the limitation period begins again if you, as the person who owes the debt:

• Acknowledge the debt in writing. This means you send a written letter, email, or text to the creditor admitting that you owe the money.
• Make a payment towards the debt.

If you send a payment or write a note acknowledging the debt, the law treats this as a fresh promise to pay. The 2-year clock restarts on the day you made the payment or wrote the acknowledgment.

If you receive a letter about an old debt, you should be very careful. Before you reply or make any payment, check the date the original debt was due and seek legal advice. Do not accidentally restart the limitation clock.