Kenzie MacKinnon Law Inc. v. Mont

Kenzie MacKinnon Law Inc. v. Mont

The email was equivocal and did not constitute a written signed acknowledgement under s.20(10) of the Limitation of Actions Act; accordingly the cause of action expired six years after the bill was rendered (June 21, 2017) and the claim filed August 31, 2017 was statute-barred, requiring dismissal of the taxation and payment order request.

Citation
2017 NSSM 71
Parties
Applicant (solicitor): Kenzie MacKinnon Law Inc.; Respondent (client): William Mont
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 December 2017
Procedural Posture
Taxation of Costs / Decision on Preliminary Objection and Dismissal for Statute Barred Claim
Outcome
Preliminary objection upheld; claim dismissed as statute-barred; taxation and payment order denied.
Legal Topics
Limitation Periods, Acknowledgement of Debt, Statute Barred Claims, Electronic Communications and Signatures
Source Language
English
Contract Limitation of Actions Civil Procedure Solicitor Client Law Limitation Periods Acknowledgement of Debt Statute Barred Claims Electronic Communications and Signatures

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Parties

Kenzie MacKinnon Law Inc.

Applicant (solicitor)

William Mont

Respondent (client)

Procedural Posture

Taxation of Costs / Decision on Preliminary Objection and Dismissal for Statute Barred Claim

Legal Issues

  1. 1 Whether the solicitor's claim was statute-barred under the Limitation of Actions Act
  2. 2 Whether the defendant's email constituted an acknowledgement of liability under s.20 of the Limitation of Actions Act
  3. 3 Whether an email can satisfy the statutory requirement that an acknowledgement be "in writing and signed"

Ratio Decidendi

The email was equivocal and did not constitute a written signed acknowledgement under s.20(10) of the Limitation of Actions Act; accordingly the cause of action expired six years after the bill was rendered (June 21, 2017) and the claim filed August 31, 2017 was statute-barred, requiring dismissal of the taxation and payment order request.

Court Disposition

Preliminary objection upheld; claim dismissed as statute-barred; taxation and payment order denied.

Orders

  • Preliminary objection upheld; request to tax the account and to make a payment order denied.