Supreme Court – Action

Actions are the most formal type of proceeding, although there is a simplified procedure for actions involving claims under $100,000. To commence an action, the plaintiff must file a notice of action and statement of claim, and then serve those documents on the defendants. The defendant may then file a notice of defence. If served within Nova Scotia, the defendant has 15 days to file a notice of defence; if served elsewhere in Canada the defendant has 30 days, and if served outside of Canada, the defendant has 45 days. If the defendant does not choose to defend the action, the defendant may still file a demand of notice, which requires the plaintiff to notify the defendant before obtaining an order for the relief claimed and entitles the defendant to notice of each other step in the action. If a jury trial is desirable, a jury notice would be filed at this stage of the proceedings.

As for pre-trial disclosure, the parties must exchange affidavits of documents within 45 days of the close of pleadings. These affidavits set out all of the documents which are relevant to the issues in the action. Once the documents are exchanged, the parties will engage in discovery examinations.

The trial will take place before a judge or, if a jury notice was filed, a jury of seven members of the public. For a jury, a decision must be unanimous if delivered within four hours. After four hours only five jurors are necessary. Appeals are heard by the Nova Scotia Court of Appeal.