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The personal injury limitation period in Nova Scotia is usually two years, but that simple rule hides a lot of variation. Depending on who hurt you and how, your real deadline could be as short as 12 months, could require notice months before you sue, or might not exist at all. Knowing which rule applies to your situation is one of the most important early steps in any claim.
Good claims are too often put at risk simply because someone trusted an insurer's timeline or assumed there was more time. At Wagners Law Firm, we help injured people get clear answers about where they stand, and if you aren't sure how much time you have left, we can review your situation for free and explain the deadlines that apply to your personal injury claims.
Most Nova Scotia injury claims must start within two years of discovering the injury and who caused it, with a 15-year outer limit. Some deadlines are shorter, such as 12 months after a death.
These points explain how Nova Scotia's time limits generally work across different kinds of injury claims:
The two-year period starts when a claim is discovered, not necessarily on the day of the injury. Under section 8 of the Limitation of Actions Act, a claim is discovered on the day you first knew, or reasonably ought to have known, four things:
For most accidents, all four are clear on the day it happens, so the two years start right away. In other cases, such as a surgical error that isn't spotted for months, the clock may start later. Courts decide when a reasonable person would have known, so waiting for complete certainty is risky.
Even when a claim is discovered late, the Act sets an outer limit of 15 years from the day the act or omission happened. After that point, most claims can't be brought at all, no matter when the injury came to light.
The ultimate period mostly affects injuries that stay hidden for years. Examples include:
The 15-year limit is paused in the same situations as the two-year period, including while a claimant is a minor.
Different kinds of injury claims can have very different deadlines. The table below summarizes the main time limits that apply to personal injury claims in Nova Scotia.
| Type of Claim | Deadline | Where It Comes From |
|---|---|---|
| Most personal injury claims | Two years from discovery, with a 15-year outer limit | Limitation of Actions Act, s. 8 |
| Medical malpractice | Two years from discovery, with a 15-year outer limit | Limitation of Actions Act, s. 8 |
| Family claims after a death | 12 months from the date of death | Fatal Injuries Act, s. 10 |
| Assault or battery based on sexual misconduct | No limitation period | Limitation of Actions Act, s. 11 |
| Claims against a municipality outside Halifax | 12 months, with notice at least one month before suing | Municipal Government Act, s. 512 |
| Claims against Halifax Regional Municipality | 12 months | Halifax Regional Municipality Charter, s. 376 |
| Claims against the province | Usual limitation period, with two months' written notice before suing | Proceedings Against the Crown Act, s. 18 |
| Lawsuit over denied Section B auto benefits | One year from when the claim arose | Standard auto policy conditions |
| Long-term disability and other insurance contracts | Can be as short as one year | Insurance Act and policy terms |
Because these rules overlap, one accident can involve several deadlines at once. A crash involving a municipal vehicle, for example, could trigger the 12-month municipal rule, the one-year Section B rule, and the general two-year rule against another driver.
Medical malpractice and death claims are where people are most often caught off guard by timing. Each has its own challenges, even though the underlying rules are set by statute.
Medical malpractice claims follow the general two-year discovery rule, but deciding when the claim was discovered can be difficult. Patients may not realize for some time that a poor outcome was caused by a mistake rather than their condition. Our article on medical malpractice limitation periods looks at how discovery works in these cases in more detail.
When someone dies because of another person's negligence, section 10 of the Fatal Injuries Act requires the family's claim to start within 12 months of the death. Grieving families often lose valuable months simply handling funeral arrangements and estate matters, which is why wrongful death claims call for early advice even when talking about a lawsuit feels too soon.
Some situations stop the limitation clock or give the court room to allow a late claim. These exceptions are narrow and fact-specific, and they apply to deadlines under the Limitation of Actions Act. Shorter deadlines set by other laws, such as the 12-month municipal and fatal injury limits or the one-year Section B limit, may keep running.
The main exceptions under the Limitation of Actions Act include:
An insurer's letter or ongoing settlement talks generally do not pause the clock for an injury claim. Many people assume negotiations protect them, and that assumption is one of the most common ways claims are lost.
If you start a claim after the limitation period expires, the defendant can ask the court to dismiss it. In most cases, that ends your right to compensation, no matter how strong the claim was.
Section 12 gives Nova Scotia courts limited power to allow a late personal injury claim when that would be fair to both sides. The court weighs factors such as:
Relying on this power is risky, and it is not available once the claim is more than two years past the deadline.
No, each Canadian province sets its own limitation periods, so there isn't one statute of limitations for personal injury claims across Canada. Many provinces use a two-year rule, including Ontario, where most claims must start within two years of discovery.
For claims against the Government of Canada, the Crown Liability and Proceedings Act generally applies the limitation rules of the province where the claim arose. An injury on federal property in Nova Scotia would usually follow Nova Scotia's deadlines.
Sometimes, but it is difficult. A Nova Scotia claim filed more than two years after discovery may still proceed if the discovery date was later than the injury date, if an exception such as minority applies, or if a court allows it under section 12 of the Limitation of Actions Act. That discretion isn't available once a claim is more than two years past the deadline.
Not always. In Nova Scotia, the two-year limitation period starts when the claim is discovered, meaning when you knew or reasonably should have known about the injury, its cause, and who was responsible. For most accidents, that is the same day, but for hidden injuries or medical errors, discovery can come later.
Medical malpractice claims in Nova Scotia generally must start within two years of when the patient discovered, or reasonably should have discovered, the injury and its cause. There is also a 15-year outer limit from the date of treatment. If the patient died, the family's claim usually must start within 12 months of the death.
No, talking with an insurance company does not usually stop the limitation clock for a personal injury claim in Nova Scotia. Unless the parties sign an agreement extending the period, the deadline keeps running. Many injured people start a lawsuit to protect their claim while settlement talks continue.
In Nova Scotia, limitation periods do not run while an injured person is under 19. The two-year period usually starts once the child turns 19, although a parent or guardian can bring a claim on the child's behalf earlier. Starting sooner usually makes it easier to gather evidence while memories and records are fresh.
Limitation periods are strict, and the right deadline depends on who was involved and how the injury happened. If you're unsure how much time you have, Wagners Law Firm can review your situation, identify every deadline that applies, and help you act before it's too late. Call us at 902-425-7330 or 1-800-465-8794, or contact us online for a free consultation.