In Nova Scotia, there exist time limits that decide if you can, or cannot bring your claim forward.  These time periods are covered by the Limitations of Actions Act. A simple way to visualize these limitations periods are as a timer ticking down. The timer can be extended or paused, but it will still eventually run out.

For a more in-depth review of limitation periods please consult our previous blog post: Nova Scotia’s “Statute of limitations” – The Time Limit for Filing a Claim in Court.

For this post we are exploring what options are available if you have run out of time. Limitation periods can be tricky to keep track off. A sudden financial change or health issue can make it easy to forget to file your claim. What can you once you’re able to make your claim again? Is there hope for your claim can be heard?

The following exceptions and rules may just help your claim stay afloat. It is important to understand that these exceptions are limited and only apply in certain specific situations.

-What if I didn’t know about the harm or damage?

This concept is known as “discoverability” and allows a claim’s two year statute of limitations to only start to run once you have discovered the harm to you.  In Nova Scotia, to show you didn’t know about the harm caused you have to prove two key elements. Firstly, that to your knowledge you didn’t know about the harm that caused. Secondly, you have to demonstrate that there is no reason you “ought to” have known about the harm. To break this down further, you need to prove you didn’t know about the harm then show that no fault or inaction on your part made you not notice the harm. If you’re suspicious about a problem check into it, don’t ignore it!

-What if the claims are for sexual misconduct?

In Nova Scotia, all civil claims dealing with sexual misconduct have no statute of limitations. A claim can be brought whenever the victim is ready to begin.

 It is important to note that for evidence purposes it is best to bring a claim forward as soon as you are able. Yet, due to the serious emotional impact of sexual misconduct, it is important to make sure your physical and mental well-being are your first priority.

-What if my claim is for A Personal injury?

The court can extend the limitation period for a personal injury claim to an additional two years, beyond the normal two-year limit. To make this decision a judge will balance the hardship of allowing the claim to the injured party making the claim, versus the hardship created for the person defending the claim. If a judge decides in your favor, your claim can be accepted even after the limitation period has run out.

It is important to note that if you exceed the extended two-year limitation period your claim will be out of time. In other words, the absolute maximum limit period is 4 years for a personal injury claim.

-What if my disability made me unable to file during my limitation period?

The limitation period can be paused if you are or become unable to file a claim due to disability. A physical, psychological, or mental issue that prevents you from filing stops the clock running on your claim. Once you are able to file the claim again, you are given whatever time was remaining on the limitation period.  

-What if I am a minor when I want to file the claim?

All Nova Scotians are considered minors until they reach the age of 19. If a harm occurs when someone is a minor the limitation period will not start until they turn 19.  Once you are 19 you are given two years to file your claim.

Regardless, if you have a claim, or if you think you might have a claim, it’s important to get legal advice as soon as possible so you don’t lose the opportunity to pursue the claim.

By: Hartwell W. Millett - Articled Clerk

Have questions for us?:

If you have any questions about statute of limitations you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain u

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers