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LIMITATION OF ACTIONS - Conflict between limitation periods - Which limitation period applies

Monday, June 11, 2018 @ 8:05 AM  

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Motion by the Nova Scotia Association of Health Organizations Long Term Disability Plan for summary dismissal of the claim. The Plan gave Cameron notice in May 2016 that she was being denied long-term disability benefits. She filed a statement of claim in November 2017. The Plan sought summary dismissal on the basis that the plan contained a one-year limitation period for filing a statement of claim. Cameron argued that the two-year limitation period in the Limitation of Actions Act governed or, alternatively, that the limitation period was suspended on the basis of her incapacity.

HELD: Motion allowed. The one-year limitation period in the plan trumped the two-year period in the Act. Section 21 of the Act contemplated contractual limitation periods. The general limitation period in s. 8 was therefore superseded by the specific period in the plan. Section 19 did not apply. It applied only to “the limitation periods established by this Act”. The contractual one-year period was therefore not affected.

Cameron v. Nova Scotia Assn. of Health Organizations Long Term Disability Plan, [2018] N.S.J. No. 158, Nova Scotia Supreme Court, P.P. Rosinski J., April 30, 2018. Digest No. TLD-June112018001