Court of Appeal

Decision Information

Decision Content

                                                   

                                NOVA SCOTIA COURT OF APPEAL

Citation: Cluett v. Metro Computerized Bookkeeping Ltd. et al,

2005 NSCA 84

 

Date: 20050511

Docket: CA 234055

Registry: Halifax

Between:

Jeannette Cluett

Appellant

v.

 

Metro Computerized Bookkeeping

Limited, a body corporate and Ian Hill

Respondents

 

 

 

Judge:                   The Honourable Justice Thomas Cromwell

 

Appeal Heard:      May 10, 2005

 

Subject:                 Limitation of Actions - Disallowance of Limitation Defence

 

Summary:             The appellant started an action against the respondents nine years after the events giving rise to the action and three years after the expiration of the six year limitation period.  She applied for an order disallowing the limitation defence.  The judge dismissed the application and the action.

 

Issue:                    Did the judge make a reviewable error in refusing to disallow the limitation defence?

 

Result:                  Appeal dismissed.  The judge made no reviewable error in exercising his discretion. 

 

 

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