MacPhee v. Christansen

MacPhee v. Christansen

The motor vehicle accident occurred before the Act's effective date, section 23 applied, the transitional two-year period expired on September 1, 2017, the plaintiff did not commence the action until March 22, 2018, and therefore the claim was statute-barred; an expired limitation defence properly pleaded is suitable for summary judgment, so summary judgment dismissing the claim is required.

Citation
2019 NSSC 79
Parties
Plaintiff: William Patrick MacPhee; Defendant: Debbie Christansen; Intervenor: Alan Stanwick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 February 2019
Procedural Posture
Civil Motor Vehicle Tort / Summary Judgment Motion Under Civil Procedure Rule 13.04
Outcome
Summary judgment granted; plaintiff's claim dismissed as statute-barred.
Legal Topics
Summary Judgment, Limitation Period, Statute Barred, Discoverability, Limitation of Actions Act Sections 12 and 23
Source Language
English
Civil Procedure Tort Limitation of Actions Motor Vehicle Accident Summary Judgment Limitation Period Statute Barred Discoverability +1 more

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Parties

William Patrick MacPhee

Plaintiff

Debbie Christansen

Defendant

Alan Stanwick

Intervenor

Procedural Posture

Civil Motor Vehicle Tort / Summary Judgment Motion Under Civil Procedure Rule 13.04

Legal Issues

  1. 1 Whether the plaintiff's action is statute-barred under the Limitation of Actions Act
  2. 2 Whether an expired limitation period is suitable for determination on summary judgment
  3. 3 Whether an application under section 12(4) of the Act was required before determining the limitation defence

Ratio Decidendi

The motor vehicle accident occurred before the Act's effective date, section 23 applied, the transitional two-year period expired on September 1, 2017, the plaintiff did not commence the action until March 22, 2018, and therefore the claim was statute-barred; an expired limitation defence properly pleaded is suitable for summary judgment, so summary judgment dismissing the claim is required.

Court Disposition

Summary judgment granted; plaintiff's claim dismissed as statute-barred.

Orders

  • Plaintiff's claim dismissed by summary judgment.
  • Defendant awarded costs of $1,000.00