SUPREME COURT OF Nova Scotia
Citation: Cameron v. Nova Scotia Association of Health Organizations Long Term Disability Plan, 2018 NSSC 90
Date: 2018-04-30
Docket: Ant. No. 470286
Registry: Antigonish
Between:
Angela Lee Cameron
Plaintiff
v.
Nova Scotia Association of Health Organizations Long Term Disability Plan
Defendant
Library Heading
Judge: |
The Honourable Justice Peter P. Rosinski |
Heard: |
March 1, 2018, in Halifax Nova Scotia |
Subject: |
Summary Judgment on evidence - CPR 13.04 – Which limitation period applies-that of the Trust terms in NSAHO LTD Plan or statutory limitation period in Section 8 of the Limitation of Actions Act (2014)? |
Summary: |
Ms. Cameron was denied long-term disability benefits on May 13, 2016. Under the NSAHO LTD Plan she had one year thereafter to file a statement of claim. She filed on November 6, 2017. The trustees of the Plan, filed a Defence, and made a motion for summary judgment relying on a one-year limitation period in the terms of the Plan. Ms. Cameron argued that applicable limitation period was not the one year in Plan, but rather the two-year limitation period set out in Section 8 of the Limitation of Actions Act (2014); alternatively, she argued that due to “incapacity” as set out in Section 19 of the Act, the running of the one-year limitation period was suspended to such an extent that her statement of claim filing date was within the extended one-year limitation period. |
Issues: |
(1) Which limitation period governed?? (2) Even if the one-year limitation period governed, could it be extended by “incapacity”, and if so was there sufficient evidence here to dismiss the motion for summary judgment? |
Result: |
(1) The one-year limitation period governed; the limitation period expired by May 13, 2017; (2) Ms. Cameron’s position that the limitation period could be suspended by her “incapacity”, so that her November 6, 2017 filing was within the extended one-year limitation period has no real chance of success.
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