Civil Procedure Rules of Nova Scotia  
To conduct a search focused only on the
Civil Procedure Rules, use this search box
   

Part 12 - Actions Under $100,000

Rule 58 - Action for Claim Valued Under $100,000

Scope of Rule 58
58.01 (1) This Rule allows for the economical conduct of both of the following kinds of actions:
   
(a)
an action that is not for damages, or not exclusively for damages, but in which the value of the interest in dispute is less than $100,000;
   
(b)
an action for damages valued at less than $100,000 and based on a cause of action not mentioned in Rule 57.04(1)(b), of Rule 57 - Action for Damages Under $100,000.
  (2) The parties to a defended action may agree to economical limits on interrogatories, discovery, the time for trial or examination of witnesses, or any other procedure.
  (3) A party who is unable to obtain an agreement for economical limits may seek to limit pretrial and trial procedures in certain actions valued under $100,000, in accordance with this Rule.
       
Motion for economical procedures
58.02 (1) A party to a defended action may make a motion for an order applying Rule 57 - Action for Damages Under $100,000, to an action to which Rule 57 does not otherwise apply.
  (2) The party must satisfy the judge hearing the motion on each of the following:
   
(a)
the value of the claims in the action can be estimated in money, and there is no significant intangible interest at stake in the outcome of the action;
   
(b)
the fair estimated value of the plaintiff’s claims is less than $100,000 and no counterclaim, crossclaim, or third party claim has a fair estimated value in excess of $100,000;
   
(c)
the expense of taking the action to its conclusion will be out of proportion to the interests at stake in the action unless provisions of Rule 57 apply, or directions to similar effect are given.
       
Order for economical procedures
58.03   A judge who is satisfied in accordance with Rule 58.02(2) may order that Rule 57 - Action for Damages Under $100,000 applies to the action, or do any of the following:
   
(a)
give directions for full disclosure of documents, electronic information, and other evidence to make disclosure more economical than otherwise is the case;
   
(b)
order limitations on discovery, or the time for trial and examination;
   
(c)
direct disclosure of witnesses and delivery of summaries of the expected testimony or will-say statements;
   
(d)
give any other directions to make the cost of procedures proportionate to the interests at stake in the action.
       

<< GO BACK TO RULE 57
ACTION FOR DAMAGES
UNDER $100,000

<< GO TO INDEX OF RULES >>

GO TO PART 13
FAMILY PROCEEDINGS >>