Court of Appeal

Judge:

The Honourable Justice Peter M. S. Bryson

Appeal Heard:

June 18, 2014, in Halifax, Nova Scotia

Subject:

Limitation of Actions

Summary:

Halifax Regional Municipality brought motion for summary judgment on the basis that a 2006 third party claim by WHW Architects Inc. against Halifax Regional Municipality for negligent inspection in 1998 was statute barred.  Chambers judge dismissed motion, holding that the relevant limitation period was found in the former Halifax Regional Municipality Act, S.N.S. 1995, c. 3, s. 205(1), rather than the present Municipal Government Act, S.N.S. 1998, c. 18, s. 504(3).

Issues:

Was the limitation period governed by the Halifax Regional Municipality Act or the Municipal Government Act?

Result:

Appeal allowed.  The former Halifax Regional Municipality Act limited a claim to 12 months, “…after the act complained of was committed”.  But the parties and the Chambers judge assumed that this period was extended by the “discoverability” principle.  By contrast, the Municipal Government Act (which came into effect in 1999) limited actions to claims made less than “…six years after the date of the application for the permit in relation to when the inspection was required”.  The discoverability principle did not apply to this limitation period which expired in 2004 – well before WHW’s third party claim against HRM.  The Municipal Government Act was not “retroactive” because it did not change any existing rights of the parties when it came into effect.  It only changed the times within which an action might be brought.