2019 February 13

Islam v. Maritime Muslim Academy, 2019 NSSC 53

The Nova Scotia Supreme Court held that an action in defamation over two articles published in June 2012 on the CTV website does not constitute a “personal injury claim” within the meaning of the Limitation of Actions Act, SNS 2014, c. 35.  Accordingly, the Court did not have discretion to disallow a limitation defence under s. 12(3) of the new Nova Scotia Limitations of Actions Act on the grounds it creates a hardship to the claimant.    “The plain, ordinary and unequivocal meaning  of the phrase “personal injuries” as understood in Canadian law is physical, mental or psychological injury or harm to the body or mind of the individual.  The phrase does not encompass injury to one’s reputation in the community which is intrinsic in defamation actions.”

The Court nevertheless dismissed the defence application for summary judgment against the adult plaintiff.  The plaintiff alleged that the defendants were “estopped” from relying on the limitation defence because of representations made by the defendants which were relied upon by the plaintiffs in delaying their commencement of the lawsuit.  The evidence before the Court did not provide the necessary fulsome foundation for a determination of that issue.   The Court suggested, however, that “counsel consider the practicality of engaging in a further interlocutory proceeding to have the issue of estoppel and waiver of the limitation period determined as a preliminary question of law, or mixed law and fact, on a fulsome evidentiary foundation.”