Did you know there were time limits to file a claim in court? Well, there is! Depending on the type of claim you have, the amount of time you have to file can vary substantially. This period of time is called a “limitation period”. In Nova Scotia, the limitation period is determined by the type of legislation that your claim falls under. If the legislation does not set out a time period, then the Limitations of Actions Act will outline the time limits to follow.Read More
In Nova Scotia, a builder’s lien that is registered against a property only stays valid for 105 days past the last day of work done on the property unless the lien is “perfected”. “Perfection” in the context of a builder’s lien means that the person who holds the lien formalizes their claim by starting a lawsuit in the Supreme Court of Nova Scotia. If no lawsuit is started within the required time, the lien becomes completely invalid.Read More
If you are having an issue and you would like to go to court but the idea of an expensive legal battle that drags out for years is not something you are interested in you might want to consider Small Claims Court in Nova Scotia. Small Claims Court is designed for matters that are for smaller amounts of money and can be decided without years worth of evidence. However, there are limits to the matters you can take to Small Claims Court.Read More
If you participate in a lawsuit and lose, the judge will issue an order against you. The order will outline the details of his decision, specifically the details of what you are legally obligated to do. In many cases this involves paying somebody a certain amount of money. At this point you can simply choose to pay the amount the judge has ordered you to. However, for a lot of people this is not a realistic option.
I was asked recently by a contractor if there was really any value in filing a builder’s lien in Nova Scotia. Reading between the lines, I gathered what he was really asking was, is it worth the money in legal fees that it would cost to go through with a builder’s lien process. The answer is, it depends.Read More
In Nova Scotia small claims court is a great option for getting a ruling on issues that involve amounts totalling less than $25,000. The two main benefits are that A) every step of the way it’s quicker and B) for most people it ends up being significantly less expensive, yet you still end up with an enforceable judgement from a Nova Scotia Court.Read More
The short answer is yes, you can represent yourself in Nova Scotia Small Claims Court. In fact, in Canada you can represent yourself all the way up to the Supreme Court of Canada. However, the limit for small claims court in Nova Scotia is $25,000 so if the claim you’re involved in is approaching that amount it may be well worth your money to use the expertise of a lawyer to represent you.Read More