Finley Brophy Trucking Limited v. MacDonald

Finley Brophy Trucking Limited v. MacDonald

Both the Claimant's claim and the Defendant's counter-claim were commenced outside the two-year limitation under s.8(1)(a) and no lawful acknowledgement or partial payment occurred within the limitation period to restart it under s.20; the consolidated bill of March 31, 2025 was a housekeeping step and not an acknowledgement, therefore both claims are statute-barred and must be dismissed.

Citation
2025 NSSM 82
Parties
Claimant: Finley Brophy Trucking Limited; Defendant: Donald Bertram MacDonald
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 December 2025
Procedural Posture
Small Claims Debt Collection / Decision (adjudication)
Outcome
Both the Claimant's claim and the Defendant's counter-claim are dismissed as statute-barred; parties shall bear their own costs.
Legal Topics
Statute of Limitations, Acknowledgement of Liability, Limitation Period Restart, Counter Claim, Contractual Exemption Clauses, Damages for Property Damage
Source Language
English
Limitation of Actions Contract Tort Property Damage Debt Collection Statute of Limitations Acknowledgement of Liability Limitation Period Restart Counter Claim +2 more

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Parties

Finley Brophy Trucking Limited

Claimant

Donald Bertram MacDonald

Defendant

Procedural Posture

Small Claims Debt Collection / Decision (adjudication)

Legal Issues

  1. 1 Whether the Claimant's claim was commenced within the two-year limitation period under the Limitation of Actions Act
  2. 2 Whether the Defendant's counter-claim was timely under the Act
  3. 3 Whether any acknowledgement of liability or partial payment restarted the limitation period

Ratio Decidendi

Both the Claimant's claim and the Defendant's counter-claim were commenced outside the two-year limitation under s.8(1)(a) and no lawful acknowledgement or partial payment occurred within the limitation period to restart it under s.20; the consolidated bill of March 31, 2025 was a housekeeping step and not an acknowledgement, therefore both claims are statute-barred and must be dismissed.

Court Disposition

Both the Claimant's claim and the Defendant's counter-claim are dismissed as statute-barred; parties shall bear their own costs.

Orders

  • Claimant's Notice of Claim dismissed as statute-barred under Limitation of Actions Act s.8(1)(a)
  • Defendant's counter-claim dismissed as statute-barred under Limitation of Actions Act s.8(1)(a)