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