In Nova Scotia, whenever a vehicle is driven on a public road, both the vehicle and the driver must be insured. Proof of insurance must be in the vehicle. This is the pink insurance card from your insurer. It can be on paper or in electronic form, such as on your phone. 

By law, your policy must include:

• Liability Insurance (Section A): Pays for injury or damage you cause to others.
• Direct Compensation - Property Damage (Section A.1): Pays for damage to your vehicle when another driver is at fault.
• Accident Benefits (Section B): Pays for certain medical and income-loss benefits regardless of who caused the accident. 
• Uninsured/Unidentified Motorist Coverage (Section D): Protects you if the at-fault driver is uninsured or cannot be identified, such as in a hit-and-run.

You can also choose to add optional coverage for extra protection:

• Loss of or Damaged to Insured Automobile (Section C): Provides physical damage coverage, regardless of whether another at-fault driver is involved. It can include optional coverages such as Collision (or Upset) and Comprehensive.  It can cover things like at-fault crashes, theft, fire, or vandalism.
• SEF 44 (Family Protection Endorsement): Provides extra protection if the at-fault driver does not have enough insurance to fully compensate you for your damages. 

Liability insurance is there to pay for the harm you cause to others. If you are responsible for an accident, this coverage pays for the other person’s medical bills or car repairs.

In Nova Scotia, you must have at least $500,000 in liability coverage. Many drivers choose a higher limit, like $1 million or $2 million. This is because serious injuries can lead to lawsuits that cost much more than the legal minimum.

In Nova Scotia, these are often called Section B benefits. They are "no-fault" benefits. This means you can get help even if you caused the accident. These benefits cover you, your passengers, and even pedestrians you might hit.

Section B covers:

• Medical and Rehab: Up to $50,000 per person for necessary care like physiotherapy or nursing.
• Loss of Income: If you cannot work, you may get $250 per week or 80% of your gross income, whichever is less.
• Funeral Expenses: Up to $2,500 for funeral costs.

This is known as Section D coverage. It protects you if you are injured by a driver who has no insurance or a "hit-and-run" driver who cannot be found.

This coverage ensures you can still receive money for your injuries and lost income, up to $500,000. Your own insurance company basically takes the position  of the missing or uninsured driver to pay your claim.

It is a serious offence to drive without a valid insurance policy. If you are caught, the penalties can be severe:

• Fines: You can face large fines of up to $5,000.
• Seizure: A police officer can seize and impound your vehicle on the spot. You will have to pay the towing and other costs to get it back.
• Licence Suspension: If you are convicted, your driver's licence is suspended for 2 years. Your vehicle permit can also be suspended. You may be able to get your licence back sooner by giving the Registry of Motor Vehicles proof that you now have insurance. If that insurance is cancelled, your licence is suspended again for the rest of the 2 years.
• Future Costs: A conviction for driving without insurance makes it much harder and more expensive to get insurance in the future.

Accidents without insurance can lead to huge personal debt.

If you cause a crash while uninsured, you are personally responsible for all the costs. This includes:

• The other person’s car repairs.
• Their medical bills and future care.
• Their lost wages and "pain and suffering" damages.

If you have a crash that must be reported to police while you are uninsured, your driver's licence is suspended for 1 year from the date of the crash. If a court orders you to pay for the damage or injuries and you do not pay, your driver's licence and vehicle permit will be suspended. To get them back, you must pay the full amount or make a payment plan that the person you owe agrees to. You must also give the Registry of Motor Vehicles proof of insurance for 3 years.

An insurance broker is a licensed professional who works for you, not for a single insurance company. They act as an expert middleman to help you navigate the system.

A broker can help you by:

• Shopping around: They compare prices and coverage from many different companies to find the best rate for your needs.
• Explaining the "fine print": They can translate complex legal terms into plain language so you know exactly what you are buying.
• Choosing your limits: They help you decide on appropriate deductibles and optional coverages, like the SEF 44 or collision insurance.
• Supporting you in a dispute: If you have a claim issue or a dispute with your insurer, a broker acts as your advocate to help resolve the problem.

Brokers are especially helpful for new drivers or those who have had a past accident, as they know which companies are more likely to offer fair rates for your specific history.

In Nova Scotia, it is illegal to drive a vehicle without insurance, even if you are not the owner. You should never assume you are covered just because a friend or employer handed you the keys.

• Check with the owner: Always ask if the vehicle has an active policy and where the pink card is kept before you drive.
• Rental cars: Do not assume a rental company’s insurance is enough. Often, your own personal insurance or the renter's policy is used first if there is an accident.
• Driver's Policy: If you do not own a car but drive often, you can get a "driver's policy" to ensure you are legally covered regardless of whose vehicle you are using. If the owner's policy lists you as an "excluded driver," you must have your own driver's policy. You must carry proof of it as well as the owner's pink card.
• Owner Liability: The law requires both the vehicle and the driver to be insured. The owner can also face penalties, including suspension of their vehicle permit, if they let you drive without proper insurance.

Because insurance is mandatory, even a one-day gap in coverage means you are driving illegally.

• Prevent gaps: Know your renewal date and make payments on time. If your policy lapses, you could face large fines and your car could be seized.
• Update your insurer: You must tell your insurance company immediately if you move, modify your car, or if someone else starts driving your vehicle regularly.
• Avoid "Void" policies: If you do not report these changes, your insurer might refuse to pay your claim or cancel your policy entirely.
• Termination notices: If an insurer decides to cancel your policy, they must usually give you 15 days' notice by registered mail or 5 days' notice if they deliver it in person.

No. In Nova Scotia, there is no automatic grace period for mandatory insurance. While the law allows you 30 days to transfer your licence plates to a new car, the insurance requirement is immediate.

You must have an active policy in force before you drive your new or used vehicle on any public road. Driving even a short distance without it can lead to large fines and the seizure of your car. You should contact your insurance company or broker immediately to ensure you are covered before you get behind the wheel.

If your insurance company denies a claim, start by asking for the denial in writing. This letter should clearly explain their reasons.

You have several ways to handle a disagreement:

• Internal Review: Most companies have a process to review a denial if you provide new information or evidence.
• Appraisal: For disputes about the value of your car or the cost of repairs, you can demand an "Appraisal". In this process, both you and the insurer hire experts to reach a fair value.
• Small Claims Court: If the dispute is about a sum of money up to $25,000, you can sue in the Small Claims Court of Nova Scotia. This court is less formal and you do not need a lawyer.
• Bad Faith Claims: If you believe your insurer is acting unfairly—such as intentionally stalling or denying a valid claim without a good reason—you may be able to sue them for "bad faith". These cases are very complex and usually require a lawyer.

"Diminished value" (sometimes called "stigma") is the loss in market value a car suffers just because it has been in an accident, even if it is perfectly repaired.

Standard auto insurance policies in Nova Scotia do not cover diminished value. Your insurer’s job is to repair the car to its "pre-accident" function and appearance. Once it is fixed, they have usually met their legal obligation under the policy. While you could try to sue the at-fault driver directly for this loss in court, these cases are difficult to win and often not worth the time involved.

Not all vehicles are treated the same under the law. Whether you need insurance depends on what you are driving and where you are driving it:

• ATVs and Snowmobiles: If you drive an off-highway vehicle (OHV) on land you do not own—such as a public trail—you must have at least $500,000 in liability insurance. You must also carry a "pink card" as proof.
• E-Bikes: In Nova Scotia, standard e-bikes (limited to 500 watts and 32 km/h) are treated like bicycles. They do not require registration or motor vehicle insurance. However, you should check if your homeowner’s or tenant's insurance covers theft or liability for your e-bike.
• E-Scooters and Personal Transporters: These do not currently require motor vehicle insurance.
• Bicycles: You are not legally required to have insurance for a bicycle, but some organizations offer optional cycling insurance for accidents and theft.

Always check the rules for your specific vehicle. If a vehicle is powered by a motor and you use it on a highway, it likely requires insurance.

Home insurance covers your house and other structures

Dwelling coverage protects the physical parts of your home. This includes your walls, roof, floors, and the foundation. It also covers built-in fixtures like kitchen cabinets or your furnace.

Most policies also cover attached structures. This includes things like an attached garage, a deck, or a front porch. If these are damaged by a fire or storm, your insurance helps pay for repairs.

You should also know about detached structures. These are buildings on your property that are not connected to your house, like a shed, a detached garage, or a guest house. These are often covered under a separate part of your policy, usually for about 10% of the value of your main house.

Your coverage is based on replacement cost. This is the cost to rebuild your home today using new materials and labour. It is not the same as the market value, which is what you could sell the house for on the open market.

If you have an older home, look for “bylaw” or “rebuilding to code” coverage. If a fire happens, modern building codes might require you to make expensive upgrades, like new wiring. Standard insurance might not pay for these extra costs unless you have this specific add-on.

Home insurance covers your personal belongings

Contents coverage protects your belongings. This includes your furniture, clothes, electronics, and kitchen items. They are covered if they are stolen or damaged by events such as fire.

Be aware of special limits on valuables. Most basic policies only pay a certain amount for items like jewelry, art, or expensive bicycles. For example, your policy might only pay up to $2,000 for a ring, even if it is worth $5,000. If you have expensive items, you may need to "schedule" them. This means listing them specifically on your policy for an extra fee.

Your belongings are often covered even when they are away from home. If someone steals your laptop from your car while you are shopping in Halifax, or if your suitcase is stolen from a hotel, your home insurance may still help.

There are two ways insurance could pay for your items, depending on your policy:

• Replacement Cost: Pays for a brand-new version of the item.
• Actual Cash Value (ACV): Pays only what the item was worth right before it was damaged. The value is reduced for age and wear (depreciation).

Personal liability coverage is one of the most important parts of your policy. It protects you if you are legally responsible for causing harm to someone or damaging their property. For example, if a visitor slips on your icy driveway and sues you, this coverage steps in.

This protection follows you beyond your property. If you are visiting a friend and accidentally knock over an expensive vase, or if you accidentally cause a fire in a rented vacation home, your liability insurance may cover the costs.

If you are sued, your insurance company will usually hire and pay for a lawyer to defend you. They also pay for any settlements or court awards, up to the limit of your policy. This can save you thousands of dollars in legal fees.

Many policies also have voluntary medical payments. This is a small amount of money (often $1,000 to $5,000) to cover a visitor’s medical bills if they are injured on your property. It can be used quickly, even if you were not actually at fault for the accident.

Insurance is for sudden and accidental events. It is not a maintenance plan. If your roof leaks because it is 30 years old and needs to be replaced, insurance will not cover the cost. You are responsible for regular repairs and keeping your home in good shape.

Standard policies often exclude major water damage, such as:

• Overland flooding: Water coming into your home from the outside, such as from heavy rain or a rising river.
• Sewer backup: Water that comes back up through your drains or toilets.

You can usually buy extra coverage for these risks, but you must ask for it.

Earthquakes and landslides are also usually excluded. In Nova Scotia, damage from earth movement is not included in a basic policy. You can sometimes add earthquake coverage for an extra cost.

Damage that happens slowly over time is almost never covered. This includes things like mould growth, rot, or water seeping through cracks in your foundation. Regular maintenance and repairs are your responsibility, not the insurer’s. It is important to fix small leaks before they cause major, uncovered damage.

If you have a disagreement with your insurance company, you may not need to go to the Supreme Court. If the amount of money in dispute is $25,000 or less, you can use the Nova Scotia Small Claims Court.

Small Claims Court is designed for regular people to use without a lawyer. It is:

• Informal: The rules are easier to follow than in higher courts.
• Faster: You can usually get a hearing date much sooner.
• Cheaper: The fees to start a claim are relatively low.

While you do not need a lawyer, you can still choose to talk to one before you go. They can help you understand your policy and the best way to present your case.

A deductible is the amount of money you agree to pay toward a loss before the insurance company pays the rest. Think of it as your share of the risk.

This amount applies to the total value of your loss. For example, if a small fire causes $10,000 in damage and your deductible is $1,000, the insurance company will give you $9,000. You are responsible for the first $1,000.

It is important to know that a deductible applies per claim, not per year. If you have two separate accidents in one year, you will have to pay the deductible twice.

You can often choose your deductible amount. A higher deductible usually means you pay a lower monthly or yearly premium (the cost of the insurance). However, you must make sure you have enough savings to pay that higher amount if something happens. If the damage to your home costs less than your deductible, the insurance company will not pay anything at all.

In Nova Scotia, a standard home insurance policy usually does not cover water that comes from outside or from the ground, such as:

• Overland flooding: Water entering from a lake or river that overflows. It also includes heavy rain pooling on the ground or melting snow that flows into your home.
• Sewer backup: Water or sewage that comes up through your floor drains, toilets, or sinks.

Most insurance companies offer these as optional add-ons (sometimes called “endorsements” or “riders”). Because Nova Scotia has seen more heavy rain and storms lately, these add-ons are very important to consider.

If you live in a high-risk area for flooding, some insurers may not offer you flood coverage, or the deductible for it might be much higher than your normal deductible. Always check your specific policy or ask a broker what types of "water damage" are included.

An insurance broker is a licensed professional who acts as your advisor. Unlike an insurance agent who works for one specific company, a broker works for you.

A broker can help by:

• Shopping around: They have access to many different insurance companies. They can compare prices and coverage to find the best fit for your needs.
• Explaining the "fine print": They can explain what words like "replacement cost" or "scheduled items" mean, so you aren't surprised later.
• Finding gaps: A broker can determine whether you need additional protection for unique features of your home, such as a finished basement or expensive jewelry.
• Helping with claims: If you have a loss, your broker can guide you through the process. If there is a dispute with the insurance company, they can act as an advocate to help you get a fair result.

If you plan to be away from your home for more than a few days, especially in the winter, your coverage could be at risk. Most policies in Nova Scotia require you to have a competent person check your home daily or every few days to ensure the heat is still on. 

If a pipe freezes and bursts while you are away, and no one is checking the house, the insurance company may refuse to pay the claim. If your home will be "vacant" (meaning you have moved out) for more than 30 days, you must tell your insurer and get a "Vacancy Permit," or your entire policy could become void.

Yes. You must tell your insurance company about any material change in risk. This means anything that changes the value of your home or how it is used.

• Renovations: If you spend $50,000 to finish your basement, your home is now more expensive to rebuild. If you don't tell your insurer, you might not have enough coverage if a total loss occurs.
• Home Business: If you start seeing clients in your home or storing expensive inventory, a standard policy may not cover injuries to those clients or theft of that equipment.

Keeping your insurer informed ensures that your protection stays valid.

If you experience a loss, like a fire or a theft, follow these steps to make the process smoother:

• Act fast: Notify your insurance company or broker immediately. Many policies have strict deadlines for reporting a loss.
• Document everything: Take photos and video of the damage before you start cleaning up. This is your best evidence for the insurance company.
• Make temporary repairs: You have a duty to prevent further damage. For example, you can put a tarp on a leaking roof or shut off the water to a burst pipe. Save all receipts for materials you buy.
• Keep a detailed inventory: List everything that was lost or damaged. Include the item’s name, how old it was, what you paid for it, and what it would cost to buy a new one today.
• Don't throw things out: Keep damaged items until the insurance "adjuster" (the person who investigates the claim) has seen them or told you in writing that you can discard them.
• Request a cash advance: If you cannot live in your home, request an advance under your "Additional Living Expenses" coverage. This can help pay for a hotel or food right away.

If your claim is denied or you think the payout offer is too low, you have options:

• Get it in writing: Ask the insurance company for a letter that clearly explains their final decision and the specific parts of your policy they used to make it.
• Use the internal ombudsman: Every licensed insurer in Nova Scotia must have an internal complaint process. Ask to speak with their "Ombudsman" or "Customer Complaints Officer."
• Contact GIO: The General Insurance OmbudService (GIO) is a free, independent service that helps resolve disputes about home and auto insurance. They can help with mediation.
• Speak to the Superintendent: You can contact the Nova Scotia Superintendent of Insurance if you have complaints about how an insurance agent or adjuster behaved.
• Consider Small Claims Court: If your dispute is for $25,000 or less, you can take your insurer to the Nova Scotia Small Claims Court. You do not need a lawyer for this.
• Watch the clock: In Nova Scotia, there is a limitation period for you to bring a claim. Usually, you have 2 years from the date of the loss to start a lawsuit. Negotiations do not stop this clock. If you miss this deadline, you may lose your right to sue forever.
• Get legal advice: If the dispute is large or complex, consider speaking with a lawyer. Even a one-hour consultation can help you understand if the insurer's offer is fair.

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. 

Property occupiers have a legal duty to keep visitors reasonably safe. 

Who is an "occupier"?

In Nova Scotia, an “occupier” is the person or organization in control of a property. This is not always the legal owner. It can be a tenant, a property manager, or a business operating in a rented space, or anyone who has control over the condition of the premises and who is inviting or allowing others to use it. 

Reasonable care standard

An occupier must take reasonable care so that people and their property are safe. The law does not require occupiers to prevent every possible accident. They must take the kinds of precautions a reasonable person would take in the circumstances, such as conducting regular inspections, promptly cleaning up spills, providing proper lighting and clearing snow or ice.

Higher standards for businesses

Courts often expect a higher level of care from businesses that invite people in. Stores and restaurants should have regular inspection and cleaning systems and records of them.

Occupiers law covers any injury caused by the condition of the property or activities happening there. A hazard is an unsafe condition or situation on a property that can foreseeably cause injury if it is not fixed, guarded, or warned about.

Occupiers are not automatically responsible for every accident. However, they may be found negligent if they fail to take reasonable steps to find, repair, or warn visitors about a known hazard.

Common hazards include:

• Physical defects: Like broken stairs or loose railings.
• Surface conditions: Like spilled liquids or "black ice" on a driveway.
• Design issues: Like steps that are too steep or narrow.
• Poor lighting: It makes it hard to see other dangers.
• Activity-related hazards: Risks associated with activities that occur on the property, such as events. 
• Third-parties: Dangerous behaviour of others if they fail to control known risks on the property.

To win a case, the injured person must prove negligence. This means showing the occupier failed to take reasonable care. You must show the occupier knew about the hazard or should have known about it if they were doing proper inspections.

The occupier might argue contributory negligence. This means they believe the fall was partly your fault. They might say you were looking at your phone or wearing unsafe shoes for the weather. If a court agrees, the compensation you receive for your injuries could be reduced.

It is very important to see a doctor right away after a fall. You need medical evidence to show that the fall caused the injury you are making a claim for in a lawsuit. 

In court, you must prove your case on a “balance of probabilities”. This means you must show your story is more than 50% likely to be true.

If your injuries are minor and your claim is for $25,000 or less, you can use the Nova Scotia Small Claims Court. This court is faster and less formal. It is designed to be used without a lawyer. 

In Small Claims Court, there is a strict $100 limit on general damages, which is any compensation for losses that lack a specific price tag, such as pain and suffering or loss of enjoyment of life. However, you can still claim up to $25,000 for other expenses, such as lost wages or medical bills. 

Even in Small Claims Court, you must bring evidence to prove the occupier’s negligence, such as:

• Photos or videos of the hazard,
• Witness statements, 
• Medical records and receipts, 
• Any maintenance or inspection records you can get. 

There are strict deadlines for starting a lawsuit called limitation periods. In most cases, you have 2 years from the date of the fall to sue. If you miss this deadline, you may lose your right to seek money for your injuries.

Children under 19 have more time. Their two-year "clock" typically starts when they turn 19. Because these rules are complicated, you should get legal advice as soon as possible to avoid missing a deadline.

Many property owners, tenants, and businesses in Nova Scotia have insurance that usually includes liability coverage. 

When a lawsuit is filed, the insurance company usually has a duty to defend under the policy. 

This means the insurer:

• Chooses and pays for a lawyer to represent the occupier.
• Pays for the costs of investigating the accident.
• Pays the legal fees to defend the claim in court.

Coverage limits 

Most insurance policies have a limit, often $1 million or $2 million. The insurer pays for the lawyer and any court award or settlement up to that limit. If a court decides you owe more than your policy limit, you might have to pay the extra amount yourself.

Settlements are common 

Most slip and fall cases end in a settlement rather than a trial. A settlement is an agreement to pay a certain amount of money to end the dispute. These are usually negotiated between the insurer’s lawyer and the injured person. Because the insurer is the one paying, they usually have a strong say in whether to settle and for how much, though it must still act in good faith toward you as its insured.

Do not admit fault or pay money on your own 

Insurance policies usually require you to avoid admitting legal fault. You should not make payments or promise money to the injured person without your insurer's permission. Being kind and saying "I am sorry you fell" is not the same as accepting legal blame. However, making a formal admission of fault could give the insurer a reason to refuse to cover you.

Which policy pays? 

The general rule is that the insurance claim follows whoever had "control" of the area. 

• If someone is hurt inside a rented apartment, the tenant’s insurance usually applies.
• If the injury happens in a lobby or parking lot, the landlord’s insurance usually applies.
• Sometimes both policies are involved, depending on the lease and who was responsible for the area.

You must cooperate 

To keep your insurance coverage, you must cooperate with the insurance company and their lawyer. This includes:

• Giving them copies of incident reports and maintenance logs.
• Sharing any photos of the area.
• Answering their questions honestly.
• Going to court or legal meetings when asked. If you refuse to help, the insurer might stop defending you or refuse to pay the claim.

If you have been hurt in a fall, there are several things you can do to protect your health and your legal rights:

1. Document the hazard and scene immediately: If you are able, take clear photos and videos of the exact spot where you fell. Make sure to capture the specific hazard, such as ice, a spill, or a broken step. Also, show the surrounding area, including the lighting and any warning signs. Note the time, date, and weather conditions.
2. Identify the occupier and witnesses: Get the names and contact details of the property owner, manager, or tenant - whoever appears to be in charge. You should also get contact details for anyone who saw the fall or the hazard.
3. Seek medical attention and follow advice: See a doctor or go to the hospital as soon as possible. This is important for your health and creates a medical record of your injuries. Follow all treatment plans and keep copies of your medical records and receipts.
4. Report the accident: Tell the person in charge of the property about the fall before you leave. Ask if they have an incident report form and request a copy for your records. Stick to the facts and avoid blaming yourself or others during this report.
5. Keep a journal: Write down how your injuries affect your daily life, such as your ability to work, sleep, or do chores. This can be helpful evidence if you need to prove your damages later.
6. Get a free consultation: Many personal injury lawyers in Nova Scotia offer a free initial meeting. This allows you to discuss what happened and learn about your legal options without any upfront cost.

If you own or occupy property, these tips can help show you met your legal duties:

1. Inspect your property regularly and keep records: You must show you take reasonable care. Keep written records of cleaning schedules, repairs, and maintenance, such as snow removal or salting.
2. Focus on care, not blame: Check if the person is injured and offer help. Avoid making statements that could be seen as admitting legal fault, as this could impact your insurance coverage.
3. Report the incident to your insurer immediately: Notify your insurance company as soon as you know about an accident. Give them the details of the incident, photos, and any witness information you collected.
4. Keep the evidence: Do not fix or remove the hazard permanently until your insurer has documented it, unless it is a safety emergency. If you must make urgent repairs to prevent more injuries, take clear photos and notes of the hazard first. If you have security cameras, save the video from the time of the accident immediately. 
5. Cooperate with your legal team: You have a duty to help your insurer and their lawyer. This includes providing maintenance logs, answering questions honestly, and attending meetings if a lawsuit is filed.

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.

Suing a medical professional is often much more difficult and expensive than other types of personal injury claims. Here are some reasons why:

High legal and medical standards

You must prove three specific things to win.

1. The provider’s care fell below the level of a reasonably competent professional. 
2. You suffered a real injury. 
3. The poor care likely caused that injury. 

You should have expert medical evidence for each of these points. Your own testimony is usually not enough.

Complex medical facts

Many patients already have serious health conditions. It is often very hard to prove whether the harm resulted from the pre-existing illness or from a mistake.

Time and cost

These cases usually involve years of litigation, large volumes of records, and expensive experts. For these reasons, lawyers are selective about which cases they take. 

Well defended

Most doctors in Nova Scotia are defended by the Canadian Medical Protective Association (CMPA). This group uses specialized lawyers and experts to strongly defend claims. 

High stakes on both sides

Cases can involve life-changing injuries, professional reputations, and large amounts of money. This leads to intense scrutiny of every detail.

Winning a case requires you to prove that a specific medical error directly resulted in a serious injury or loss. You must prove these three things:

1. You must show actual, provable harm 

A mistake is not enough for a lawsuit. You must prove the mistake caused provable harm. Courts do not give money for a "near miss" or a scare. You cannot sue for a mistake that almost caused an injury but did not. If your health outcome would be the same even with proper care, you usually do not have a claim.

Harm can include:

• A new injury, such as nerve damage during surgery.
• Your original condition worsening.
• A longer or more difficult recovery.
• The need for extra surgery or treatment.
• Ongoing limits that affect work or daily life.

Serious psychological injury, like diagnosed depression or PTSD, can also count. General upset or anger is usually not enough. You must provide evidence of the harm, like medical reports and income records.

2. You must show a breach of the standard of care 

In medicine, things can go wrong even when everyone does their job perfectly. A bad medical outcome does not automatically mean you can sue. To win, you must prove there was a breach of the standard of care.

This means the professional’s conduct was below the standard of a reasonably competent person in that field. The law does not require perfection, but it expects reasonable skill. Doctors can make "foreseeable" mistakes. They are only liable for exceptional mistakes that fall outside the standard of care.

3. You must show causation 

Causation is the link between the mistake and the harm. You must prove you were hurt because of that mistake. It is not enough to show that a mistake happened around the same time you got worse. 

Courts use the but for test. This means your injury likely would not have happened "but for" the negligent care. If you were already ill, you must show the provider made you worse than the illness would have on its own.

If you had a pre-existing condition, you must prove the doctor's actions made you worse. You must show your health did not just decline naturally because of your original illness. Because the human body is complex, you do not need "scientific certainty." However, a medical expert must testify that the mistake was the most likely cause of your harm.

You cannot win a medical malpractice case just by telling your story. Medical malpractice claims rely on highly technical evidence and the opinions of other medical professionals.

Expert evidence is mandatory

In almost all cases, you need independent medical experts to:

• Explain what the standard of care required. 
• Say whether it was breached.
• Give an opinion on whether the breach caused your injury. 

These experts usually practice in the same specialty as the person you are suing, or a closely related specialty. 

You may need more than one expert. For example, you might need one expert to explain the doctor's mistake. You might need a different expert to explain how that mistake affected your long-term health.

Expert costs are high 

Experts often charge thousands of dollars to review records and testify. You may need multiple experts for different parts of the claim. Defence lawyers will also have their own expert reports. 

If a lawyer works on a contingency fee, they may pay these costs upfront. However, they will recover them from any settlement or judgment you receive. The cost of hiring these experts is called a disbursement. 

Massive document review and investigation 

Before a case is filed, your legal team may spend months or years investigating. They must collect hospital charts, clinic notes, and imaging reports. They review these in detail. They often consult experts informally to see if the case is even possible to win.

These lawsuits are a long-term commitment that can be both financially and emotionally taxing.

Cases take many years 

Medical malpractice lawsuits often take several years. This is due to detailed investigations and a strong defence. The process involves many formal steps:

1. Pleadings: Formal court documents.
2. Discovery: Both sides answer questions under oath.
3. Exchange of reports: Sharing expert opinions.
4. Pre-trial motions: Legal arguments before the trial.
5. Trial: A possible lengthy hearing in court.

Lawyers are selective 

Lawyers only take these cases if the evidence of a mistake is strong and the harm is serious. There must be a realistic chance of recovering enough money to justify the high cost and time. A "significant recovery" usually involves:

• Ongoing pain and suffering.
• Lost income or inability to work.
• Future care costs for treatment or assistance.

If the harm is minor or short-lived, the cost of experts might be more than the potential compensation. 

Emotional toll on patients and families

The length and adversarial nature of these cases can be emotionally draining. The process can take a heavy toll, especially if you are still dealing with health issues.

There are strict legal deadlines in Nova Scotia that determine how long you have to start a lawsuit.

Basic two-year period 

In Nova Scotia, you generally have two years to start a lawsuit. This time starts when you knew (or should have known) that you were injured and that substandard care may have caused it.

Ultimate 15-year deadline 

There is an ultimate deadline of 15 years from the date of the medical act or omission. You cannot bring a claim after this, even if you found the problem later.

Special Situations

There are different rules for children (minors) and people who lack the mental capacity to manage their affairs. 

Missing a deadline can end your case forever. It is important to get legal advice as early as possible.

If you want money for your harm, you usually need a civil lawsuit or a settlement. If you are looking for an apology or a change in hospital policy rather than money, there are other options.

Professional Regulators 

Regulatory complaints focus on safety, conduct and competence. You can file a complaint with the College of Physicians and Surgeons of Nova Scotia or other regulators, depending on which health care professional is involved. These bodies can investigate and discipline professionals. They cannot award you money for your injuries.

Hospital Reviews 

Many hospitals have patient relations departments. They can review what happened and provide explanations. They may help make system changes to prevent future mistakes. While they cannot pay damages, they can provide answers and accountability without a court case.

Medical malpractice can happen in many different ways. Some of the most common patterns in Nova Scotia include:

• Misdiagnosis or delayed diagnosis: This happens if a doctor fails to identify a serious illness, like cancer or a heart condition, in time. For example, a doctor might misread a lab result or ignore warning signs, causing the patient to miss out on early treatment.
• Surgical errors: These are mistakes made during an operation. Examples include operating on the wrong body part, leaving a medical tool inside the patient, or damaging healthy organs.
• Birth injuries: These involve harm to a baby or mother during pregnancy or delivery. Common examples include brain damage from a lack of oxygen or nerve damage caused by improper use of tools during birth.

Every case depends on its specific facts. Before a lawyer can move forward, they generally need at least one medical expert to review the records and provide a supportive opinion.

Even if your surgery or procedure was done perfectly, you may have a claim if you were not properly informed before agreeing to it. 

Before getting your consent, a healthcare provider must explain in plain language:

• What the procedure is and why they recommend it.
• The material risks (serious or likely complications).
• Reasonable alternatives, including the choice to do nothing.
• Any special risks that are important specifically to you because of your job, health, or personal lifestyle.

A claim may arise if an important risk was not explained and that specific risk actually happened. To win, you must also prove that you likely would have refused the treatment or chosen a different option if you had known about that risk.

A contingency fee means the lawyer only gets paid if you win your case or reach a settlement. Their fee is usually a percentage of the money you receive. Many medical malpractice lawyers in Nova Scotia use this system, but they are very selective.

Because these cases are complex and take many years, lawyers only take on claims with a strong chance of success. Before agreeing to act, a lawyer will usually:

1. Review your story and all your medical records.
2. Ask an expert for an informal opinion to see if a serious mistake was made.
3. Check if the mistake caused real, lasting harm.

If the case is not strong enough or the potential recovery is too small to cover the costs, a lawyer may decline the case.

In most successful cases, the money does not come directly from the healthcare provider’s personal bank account. It usually comes from insurance or a protection fund:

• Doctors and the CMPA: Most doctors in Nova Scotia belong to the Canadian Medical Protective Association (CMPA). The CMPA pays for the doctor's legal defense and pays out any settlements or judgments.
• Nurses and other professionals: Many nurses have professional liability protection through their nursing association. They may also be covered by insurance held by their employer, like a hospital or clinic.
• Hospitals and Clinics: These facilities have their own liability insurance. If a hospital is sued because of a staff member's error, the hospital's insurer may pay its portion of the claim.

As long as the professional was acting in the course of their employment and had coverage, these organizations handle the financial payment.

No. In Nova Scotia, you cannot sue for a "near miss." Even if a doctor made a very obvious or careless mistake, you do not have a legal claim unless that mistake caused you actual, provable harm. The legal system is designed to compensate you for losses, not to punish a provider for a mistake that didn't result in an injury.

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.

Which court?

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)

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 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.

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.