Supreme Court

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.