Nova Scotia
| Delay to file an appearance | Limitations are generally between one and six years from the date the cause of action arose, depending on the cause of action. See the Limitations of Actions Act, R.S.N.S. 1989, c. 258, s. 1 for further details. |
| Time to deliver a statement of defence | The Notice and Statement of Defence must be filed 15 days after being served in Nova Scotia, 30 day after being served elsewhere in Canada, and 45 days after being served outside of Canada. Rule 31.12. |
| Affidavit of documents: which documents? Under which circumstances? | Parties must exchange Affidavits Disclosing Documents no more than 45 days after pleadings close. These do not need to be filed with the Court. They should contain all documents which are relevant to a party's case and under a party's control. Rule 15. |
| Rules of discovery | Delay to examine before plea | Delay to examine after plea - | Discoveries can be held any time after pleadings close. Rule 18.02. |
| Delay to set the case ready for trial | A Date Assignment Conference may be sought any time after pleadings close, and documentary disclosure and discovery examinations are complete. Rule 4.13. |
| Delay to obtain trial dates once the certificate of readiness is issued. | This will depend on the court schedule. There is no guarantee of trial dates within a certain time-frame. |
| Court settlement Conference: a mandatory process or not? | Settlement conferences are not mandatory in Nova Scotia, but are available at any stage of a proceeding. Rule 10.11. |
| Mediation | Mediation is not a mandatory process in Nova Scotia. |
| Simplified procedures (fast track and Small -claims Court) (monetary limits) |
Rule 57 fast-tracks proceedings that involve less than
$100,000. Discovery examinations are limited and a date assignment
conference can be requested any time after pleadings close. Applications in Chambers or in court are available as alternatives to court actions. Both involve restrictions on evidence and discovery examinations. A court Application may be appropriate where the length of the hearing and the number of witnesses can be pre-determined. Rule 5.07. A Chambers Application is typically reserved for hearings that will take less than a half-day. Rule 5.06. Small Claims Court has a monetary limit of $25,000. It does not have any disclosure or discovery rules. Hearings are typically scheduled approximately six weeks after the claim is filed. |
The RMC member firm in Nova Scotia is:
