Disallowing a limitations defence: Nova Scotia Court of Appeal tightens test

By Jennifer Taylor (December 1, 2023, 2:06 PM EST) -- Before 2015, Nova Scotia’s limitations regime was notoriously generous to claimants who missed limitation periods. A court could disallow a defendant’s limitations defence on equitable grounds, as long as the claim was commenced within four years after the time limit expired. This made it hard for defendants to successfully rely on a missed limitation period as a bar to the claims against them....