Wilson v. O’Leary and Sona Pay Inc

Wilson v. O’Leary and Sona Pay Inc

When physical court access was denied by the pandemic the court must interpret 'filed' and 'delivered' to include electronic transmission where it provides reliable independent evidence of receipt; claimant's emailed Notice of Claim was therefore filed on April 17, 2020 and, alternatively, the court will not permit defendants to rely on a limitation defence that exists only because the court's emergency processing failed to perform its function.

Citation
2021 NSSM 5
Parties
Claimant: Clayton Patrick Wilson; Defendant: Ryan O’Leary; Defendant: Payformance POS Canada; Defendant: Sona Pay Inc
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 March 2021
Procedural Posture
Small Claims Court / Defendants' Motion to Dismiss on Limitation Defence (heard by Teleconference)
Outcome
Claim allowed to proceed; defendants prohibited from relying on limitation defence
Legal Topics
Statute of Limitations, Filing and Service, Interpretation of 'filed' and 'delivered', Court Administration During COVID 19
Source Language
English
Civil Procedure Limitation of Actions Access to Justice Administrative Law Statute of Limitations Filing and Service Interpretation of 'filed' and 'delivered' Court Administration During COVID 19

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Parties

Clayton Patrick Wilson

Claimant

Ryan O’Leary

Defendant

Payformance POS Canada

Defendant

Sona Pay Inc

Defendant

Procedural Posture

Small Claims Court / Defendants' Motion to Dismiss on Limitation Defence (heard by Teleconference)

Legal Issues

  1. 1 Whether the Notice of Claim was timely under the Limitation of Actions Act
  2. 2 Whether emailing/faxing the claim to the court when physical filing was unavailable constitutes 'filing' or 'delivery' under the Small Claims Court Act
  3. 3 Whether the court may permit reliance on a limitation defence when the court's own emergency filing procedures prevented timely filing

Ratio Decidendi

When physical court access was denied by the pandemic the court must interpret 'filed' and 'delivered' to include electronic transmission where it provides reliable independent evidence of receipt; claimant's emailed Notice of Claim was therefore filed on April 17, 2020 and, alternatively, the court will not permit defendants to rely on a limitation defence that exists only because the court's emergency processing failed to perform its function.

Court Disposition

Claim allowed to proceed; defendants prohibited from relying on limitation defence

Orders

  • Claim deemed filed on April 17, 2020 by email to the court
  • Defendants are not permitted to make or rely upon a limitation defence in these proceedings