Select Page

The Wagners - A Serious Injury Law Firm blog shares Personal Injury stories and opinions relevant to Halifax, Nova Scotia residents. Let us know what you think.

Wagners Obtains Seminal Decision on Limitation of Actions

by | Thursday, November 22, 2018

On November 19, 2018, the Nova Scotia Supreme Court released a decision, Bond v. Willson, 2018 NSSC 287, concerning the applicable limitation period in a case involving the death of Bernice Bond resulting from an alleged medication prescription error. The Plaintiff, Carlton Bond, the son of Mrs. Bond, in his role as executor of her estate, is represented by Raymond F. Wagner, Q.C. and Kate Boyle of Wagners.

Within a year of Ms. Bond’s death, the Plaintiff commenced an action pursuant to the Fatal Injuries Act, R.S.N.S. 1989, c. 163, alleging an improper prescription caused her untimely death. Under section 10 of that Act, the applicable limitation period runs one year from the date of death.

The Defendant pharmacists and the pharmacy that filled the prescription claimed that the Plaintiff was out of time to file a claim, relying on the one-year limitation period found at section 79 of the Nova Scotia Pharmacy Act, S.N.S. 2011, c. 11, which runs from the date the pharmacy services were rendered (approximately six weeks prior to the date of Ms. Bond’s death).

The Plaintiff filed a motion seeking a declaration that the Fatal Injuries Act limitation period applied to this case and an order disallowing the Defendants’ reliance on the Pharmacy Act limitation defence.

The Honourable Justice Joshua M. Arnold found that the Plaintiff was correct in their position concerning the applicable limitation period, concluding:

[89] The limitation period proscribed the Fatal Injuries Act applies and therefore, the limitation period prescribed in the Pharmacy Act is irrelevant.

[90] In the alternative, if the limitation period set out in the Pharmacy Act does apply, this is an appropriate case for the application of the equitable power provided by s. 12 of the Limitation of Actions Act.

[91] Either way, the limitation defence is disallowed.

This decision clarifies that actions brought under the Fatal Injuries Act are subject to the one-year limitation under that Act. It also determines for the first time that an action brought for a fatal injury falls within a provision of the Nova Scotia Limitation of Actions Act, which provides judges discretion to consider fairness and other factors and disallow reliance on a surpassed limitation period. 

Below is a link to a CBC article about the decision:

https://www.cbc.ca/news/canada/nova-scotia/lawsuit-over-senior-s-death-from-alleged-prescription-error-can-proceed-1.4913589

Do You Have a Claim?

I have read and understand the disclaimer.

Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach. Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident. I was able to speak with someone right away. The staff were very pleasant and helpful. I received a response about pursuing a case the next day. I would highly recommend this firm.
See All Reviews
LIVE CHAT