Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 5 7 N ova Scotia's new Limitation of Actions Act is waiting in the legislative wings to be pro- claimed. Once it's in force, the law will have a major impact on lawyers and their clients. Time is of the essence under the new legislation. The new act establishes a single, two-year basic limitation period for most civil claims, such as those that involve personal injury or breach of contract. It also creates an ultimate limitation period of 15 years for legal claims that may not be discovered right away, such as undetected medical complications resulting from sur- gery. Under the new law, Nova Scotians have 15 years from the date an action or omission took place to start a civil lawsuit. At present, a variety of different basic limitation periods exist depending on the claim, and there is no ultimate limitation period. "Persons commencing actions, lawyers, and lay persons, will need to be sure that they file their claims within the proper timeframe or they risk losing their ability to sue," says Melanie McGrath, director of the Halifax-based Lawyers' Insurance Association of Nova Scotia. The new act also reduces the "saving" provision from four years to two, and now it will apply only to personal injury claims. "This is a significant change because peo- ple operating in the system always knew that if they missed a deadline it wasn't the end of the action," says McGrath. Despite the definitive deadlines, the legislation is not without its ambiguity. "There are new criteria for a court to con- sider under the saving provision, which have not yet been interpreted," notes McGrath. "The legislation also introduces the concept of discoverability, which has been [often] litigated in other provinces." The legislation-in-waiting will compel lawyers in Nova Scotia to file a claim and incur the cost on behalf of their injured client even if they are negotiating a settle- ment, and even if the client has not yet reached maximum medical recovery or if all implications of a claim are not yet known. "Lawyers will need to be care- ful not to miss the deadline, will need to properly diarize their files, and will need to ensure that they have all dates noted correctly in their files. Documentation of instructions and advice will be even more important," says McGrath. In addition, she notes, if a lawyer misses a filing deadline, and the case can- not be saved "then the client may be in a position of having to find a new lawyer to potentially bring an action against the old lawyer." The Limitation of Actions Act, based on recommendations from the Uniform Law Conference of Canada, also eliminates time limits for victims of sexual assault and domestic violence who want to file lawsuits. As well, it does not set time limits for assaults involving dependents, including people who are financially, emotionally, or physically dependent on others, or people in inti- mate relationships. There will continue to be no time limits for any claims involving children and limitation periods are sus- pended until children turn 19. — DONALEE MOULTON donalee@quantumcommunications.ca REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ W E S T Time of the essence NSBS RELEASES FIRST EMPLOYMENT EQUITY REVIEW T he face of the legal community is changing in Nova Scotia — literally and at last. The first comprehensive review of employment equity conducted by the province's law society discovered that a much greater diversity of lawyers has entered the profession over the last 25 years, particularly in the public sector. However, significant gaps and disparities still exist. At present, says Tilly Pillay, president of the Nova Scotia Barristers' Society, the make-up of the legal profession still does not reflect the population. Using membership data collected over the past eight years along with other information, R.A. Malatest & Associates Ltd., conducted the first in-depth analysis of demographic trends over time for Nova Scotia's legal profession and documented important increases have occurred since 2000. The number of black Nova Scotian lawyers has risen by 61 per cent; Acadian representation has grown by 52 per cent; and Mi'kmaq and aboriginal members have increased by 59 per cent. Lesbian, gay, bisexual, and transgender membership has grown by 66 per cent, and the number of people with a disability rose 44 per cent. In the last 15 years, the number of women in the profession has also increased by more than 53 per cent. This growth, however, is constrained. "Even though you have more women entering the profession, they are not at the senior levels," notes Pillay. There is no simple explanation shaping this reality, she adds. "There's more to it than women aren't welcome." Women are not the only group affected. According to the 23-page report, "Employment Equity within the NSBS Membership," with the exception of Acadians, lawyers in all other equity-seeking groups are less likely to be partners in law firms. Lawyers in the equity groups were also significantly less likely to be working for a law firm than the overall membership. While women and other equity-seeking groups participate in law firms at a lower rate than the overall membership, there is an over-representation of these lawyers at the associate level in comparison to the partner level. "We will use this as a tool to open discussions with professional law firms," says Pillay. Data collection will also continue. Since 2006, the NSBS has collected self-identifying data through a report completed by all practising lawyers and released an annual statistical snapshot to provide a picture of the province's legal profession. Pillay is hoping the recent report and ongoing initiatives will encourage more lawyers to self-identify. "We hope people will stand up and be counted," she says. — DM Read the full NSBS equity report at tinyurl.com/NSBSequity

• Cover