SUPREME COURT OF NOVA SCOTIA
Citation: Thornton v. RBC General Insurance Company, 2014 NSSC 215
Date: 20140702
Docket: Hfx No. 290563
Registry: Halifax
Between:
John Thornton
Plaintiff
v.
RBC General Insurance Company/Compagnie
d’Assurance Generale RBC
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: March 13, 2014 (in Chambers), in Halifax, Nova Scotia
Written Decision: July 2, 2014
Subject: Civil Procedure - Renewal of Notice of Action
Civil Procedure - Amendment of Pleadings
Limitation of Actions - Disability Insurance
Summary: Plaintiff made a claim for disability payments which was denied in 1998. In 2008, he commenced legal proceedings against insurer. In 2012, defendant served with notice of action. Plaintiff made motion to renew notice of action and statement of claim and to amend to replace named defendant with proper party. Defendant made motion for summary judgment on evidence.
Issue: Should renewal be granted?
Should amendment be permitted?
Should summary judgment be granted?
Result: Court concluded that in the absence of evidence showing that failure to serve due to inadvertence and that defendant not prejudiced, renewal not granted. The limitation period for the disability claim had expired. Court rejected argument that it was a rolling limitation which was refreshed each month by non-payment of benefits. Because of expired limitation motion to amend dismissed. Result of motions being dismissed was that plaintiff’s action must fail and defendant’s summary judgment motion granted.
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