SUPREME COURT OF NOVA SCOTIA
Citation: Smith v. Atlantic Wholesalers Ltd., 2012 NSSC 14
Date: 20120110
Docket: Syd No. 115217
Registry: Sydney
Between:
Beverly Smith
Plaintiff
and
Atlantic Wholesalers Limited, carrying on business
as Super Valu
Defendant
and
APM Construction Services Inc.
Third Party
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: December 6, 2011 (in Chambers), in Halifax, Nova Scotia
Final Written
Submissions: December 13, 2011
Written Decision: January 10, 2012
Subject: Limitation of Actions - Stare Decisis
Summary: The defendant sued the third party ten years after the events giving rise to the plaintiff=s claim. The third party applied for summary judgment on the basis that the limitation period had expired.
Issue: When does the limitation period begin to run for a third party claim for contribution and indemnity?
Result: There is conflicting jurisprudence dealing with commencement of limitation periods for third party indemnity claims. A 1977 Nova Scotia Court of Appeal decision is contrary to an earlier Supreme Court of Canada case on the issue. The Supreme Court of Canada decision should be applied as the Nova Scotia Court of Appeal decision was made per incuriam. As a result, the limitation for the third party action is the same as that for the plaintiff=s claim against the party. Limitation period had expired and third party action was dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.