Nova Scotia Action for Claim Valued Under $100,000 (Rule 58)
Supreme Court of Nova Scotia rule allowing parties to opt in to Rule 57 expedited procedure on agreement or motion.
Supreme Court of Nova Scotia
Rule 58, governing actions for claims under $100,000, went into effect on January 1, 2009.
The Rule was developed as part of the Nova Scotia Rules Revision Project. Unlike Rule 57, which is mandatory simplified procedure for certain claims under $100,000, Rule 58 can be invoked by any party and applied on agreement or motion.
Rule 58 allows the parties to select simplified procedure which limits pre-trial and trial procedures.
Rule 58 - Action for Claim Valued Under $100,000 offers the prospect of using R.57 economical procedures in cases where R.57 would not otherwise apply. Rule 58 expands to include causes of action not mentioned in R.57, and actions seeking remedies other than damages.
Unlike R.57, which is mandatory if the criteria apply, R.58 can be invoked by any party and applied on agreement or motion. The moving party must satisfy a three part test under R.58.02(2):
- a) The claim can be estimated in money and there is no significant intangible interest at stake;
- b) The fair estimated value of the plaintiff's claim is under $100,000 and there is no counterclaim, crossclaim or third party claim with a fair estimated value in excess of $100,000;
- c) The expense of taking the action to its conclusion will be disproportionate to the interests at stake, unless R.57 is applied, or similar directions are given.
Once satisfied, the court can apply R.57, or give customized directions for disclosure, limit discovery, require witness lists and will-says, limit time for trial or examinations, or any other directions that will make the cost proportionate to the interests at stake. Rule 58 offers considerably more flexibility than R.57. Rule 58.01(2) appears to allow parties to agree to economical limits notwithstanding that the value of the claim exceeds $100,000.
Applicability where remedy sought includes a declaration affecting ongoing payments - Contract claims involving the cessation of ongoing payments (e.g. disability insurance) do not fit within R.57, as part of the relief claimed typically includes a declaration dealing with future entitlement. Remedies are not limited under R.58, but the applicability of the Rule will depend on whether the "fair estimated value" of the plaintiff's claim includes future amounts exceeding $100,000 that are dealt with by declaration.