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FATAL ACCIDENTS ACTS - Effect of legislation

Monday, April 29, 2019 @ 10:44 AM  

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Appeal by the defendants from a decision setting aside their limitation defence. Bond died in June 2016 after filling a prescription in May 2016 at the appellant pharmacy. Her executor commenced a Fatal Injuries Act action against the appellants in June 2017, alleging her death was caused by an incorrect dosage of her medication. The motions judge found the action had been brought within 12 months of Bond’s death, as required by the Fatal Injuries Act.

HELD: Appeal dismissed. When Bond died, the one-year period under the Pharmacy Act had not yet expired. She still had a viable cause of action. Because of Bond’s death, her estate was then entitled to bring an action within a year from her death. As the action was commenced within the one-year period from her death provided for in the Fatal Injuries Act, the action was not statute-barred. There was no conflict between the limitation periods in the Fatal Injuries Act and the Pharmacy Act because they related to different limitation periods arising from the altered circumstance of the potential plaintiff’s death.

Bond Estate v. Willson, [2019] N.S.J. No. 137, Nova Scotia Court of Appeal, D.P.S. Farrar, P. Bryson and E. Van den Eynden JJ.A., April 2, 2019. Digest No. TLD-April292019002