Understanding Limitation Periods in Nova Scotia: What You Need to Know

*This is the second post in our series, The Life of a Personal Injury Case…. From accident to settlement or trial.

In legal proceedings, time is of the essence. Many jurisdictions operate under a strict limitation period for starting a legal action (filing a lawsuit). The limitation period refers to the timeframe within which a legal action must be started. Understanding this timeframe is crucial for individuals involved in legal matters, as failing to file the lawsuit in time can significantly impact or even eliminate their ability to seek recourse in a civil action.

What is the General Two-Year Limitation Period?

In Nova Scotia, a two-year limitation period applies for most civil claims. This means that if you want to pursue a civil lawsuit, you must do so within two years from the date the cause of action arises (for example the date of the car accident or the date you were injured in a slip and fall). Every claim must comply with the Limitation of Actions Act which outlines the limitation periods for different types of claims.

Sometimes a cause of action isn't immediately apparent, such as in cases of medical complications from surgery which may take time to discover. The clock starts ticking on the limitation period from the date the cause of action is discovered or should have been discovered through reasonable diligence.

Exceptions: Pausing or Speeding up the Clock on the Limitation Period

Certain circumstances may pause or extend the limitation period. For instance, if the person bringing a claim is a minor (less than 19 years old), the limitation clock does not begin to run until they turn 19 years old. For most claims, this means their legal action must be filed by their 21st birthday. If the person bringing a claim lacks legal capacity resulting from a physical, mental, or psychological condition, the limitation period may be paused until they regain capacity.

While the two-year limitation period applies to most civil claims, there are important exceptions! For example, claims involving a fatal injury or where the defendant is a municipality or pharmacist have a 1-year limitation period. Claims against the municipal, provincial and federal government have additional notice requirements that must be completed before the limitation period. Civil claims arising from sexual misconduct/abuse have no statute of limitations in Nova Scotia.

Of course, we recommend bringing a claim forward as soon as possible as there is a greater chance that relevant evidence will still be available.

Complying with the Applicable Limitation Period

Complying with the limitation period is crucial for anyone considering legal action in Nova Scotia. Failing to bring a lawsuit within the prescribed timeframe can result in the claim being barred forever, depriving the individual of their right to seek compensation. If you are injured and considering a claim, filing the lawsuit in advance of the limitation date preserves your right to make a claim for compensation. In many cases, the at-fault party has insurance to cover the victim’s losses. Understanding and obeying the limitation period is essential for protecting one's legal rights and interests. Failure to comply can have serious consequences, potentially depriving individuals of their day in court and the opportunity to seek justice.

Navigating the legal landscape, especially regarding limitation periods, can be complex. Therefore, individuals with potential legal claims should seek the guidance of experienced legal professionals. A knowledgeable lawyer can assess the circumstances of the case, determine the applicable limitation period, and ensure that all necessary steps are taken within the prescribed timeframe.

Not sure if you have a claim against the at-fault party? Check out the first blog in our series, Do I Have a Personal Injury Case?. Or contact us today for a free consultation. The lawyers at Carter Simpson are experienced and passionate about assisting those that have been injured in motor vehicle collisions and other types of accidents. We will help you obtain the benefits you need to focus on your mental, physical, and financial well-being. We will advocate with the insurance company on your behalf and obtain a fair settlement of your claim or, if necessary, start a lawsuit against those responsible for the accident. 

Carter Simpson has prepared this document for information only. It is not legal advice. You should consult Carter Simpson about your unique circumstances before acting on this information. Carter Simpson excludes all liability for anything contained in this document and any use you make of it.