Civil Procedure Rules of Nova Scotia  
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Part 15 - Other Kinds of Proceedings

Rule 70 - Assessment of Damages
Scope of Rule 70
70.01 (1) A prothonotary makes an assessment of damages under Rule 8 - Default Judgment, and a judge or jury makes an assessment under this Rule.
  (2) A party who does not obtain an assessment by the prothonotary may obtain an assessment of damages due to the party, or make a motion for an interim payment of damages, in accordance with this Rule.
       
When assessment made
70.02 (1) A judge or jury who tries a claim for damages, and a judge who hears an application in which damages are claimed, must assess the damages, unless the assessment is to be made separately under Rule 37 - Consolidation and Separation.
  (2) A party who is entitled to an assessment of damages under Rule 8 - Default Judgment, or to an order made under Rule 13 - Summary Judgment, may make a motion for a judge to assess the damages or for an assessment of damages by reference and report under Rule 11 - Reference.
  (3) Rules applicable to an assessment of damages apply to an assessment of the value of moveables or other things.
       
Obtaining date for assessment
70.03 (1) A party to a defended action or a contested application may have damages assessed at the trial or hearing.
  (2) A party who is entitled to have damages assessed in any other circumstances may request that the prothonotary appoint a time, date, and place for the assessment.
  (3) A prothonotary who receives a request for an appointment to assess damages may do either of the following:
   
(a)
appoint a time, date, and place for the assessment to be heard as a motion;
   
(b)
refer the request to a judge.
  (4) A judge may provide for an assessment of damages in any of the following ways:
   
(a)
appointing a time, date, and place for the assessment to be heard as a motion;
   
(b)
directing that the assessment proceed as an application and providing for a motion for further directions under Rule 5.09, of Rule 5 - Application;
   
(c)
directing that the assessment proceed to trial and providing further directions or ordering that Rules 4.13 to 4.17, of Rule 4 - Action, apply.
       
Assessment heard as motion
70.04 (1) A party who receives an appointment for the assessment of damages on motion must, unless a judge directs otherwise, file a notice of motion to be heard at the appointed time, date, and place.
  (2) A copy of the notice of motion must be delivered to the other party, unless either of the following apply:
   
(a)
the proceeding is started by notice of action for debt, the claim is only for a debt and interest as permitted by Rule 4.03, of Rule 4 - Action, and the other party is disentitled to notice;
   
(b)
the pleadings are clearly within the provisions about liquidated claims in Rules 8.06(a) or (b), of Rule 8 - Default Judgment, and the other party is disentitled to notice.
  (3) A notice of motion for an assessment of damages may be delivered by registered mail to the last known address of the party against whom damages are claimed, unless the party designated an address for delivery or a judge orders otherwise.
  (4) The notice must be delivered no less than ten days before the day of the assessment, unless a judge orders otherwise.
       
Damages assessed to date of assessment
70.05   Damages for a continuing cause of action are assessed to the date of assessment.
       
Discount rates
70.06 (1) Subject to the Insurance Act, the discount rate to be used in calculating the difference between estimated investment and price inflation rates for capitalizing the value of future pecuniary damages, other than damages for loss of business income, is two and one-half percent per annum.
  (2) A party may prove a discount rate to be used in calculating the difference between estimated investment and price inflation rates for calculating the value of damages for future loss of business income.
       
Prejudgment interest on liquidated claims
70.07   The rate and calculation to be used for prejudgment interest on a liquidated claim is five percent a year calculated simply, unless a party satisfies a judge that the rate or calculation should be otherwise.
       
Interim payment
70.08 (1) A party who claims damages may make a motion for an interim payment when the other party admits liability or the party who makes the motion is entitled to have the damages assessed in accordance with Rule 8 - Default Judgment, or in accordance with an order made under Rule 13 - Summary Judgment.
  (2) The order for an interim payment must grant judgment in the interim amount with the balance to be assessed.
  (3) The order for an interim payment must provide for a reasonable contribution towards damages that the person making the claim is likely to recover, less any deduction to which the other party is likely to be entitled.
  (4) The party who makes a motion for an interim payment must file the party‚Äôs undertaking to repay the difference if the interim payment is greater than the amount allowed on assessment.
       
Periodic payments
70.09 (1) A party who seeks periodic payment of damages under Section 35B of the Judicature Act may make a motion in the proceeding in which the damages are claimed for assessment of the amount and setting the dates the payments are due.
  (2) An order for periodic payment of money may be enforced by periodic execution under Rules 79.18 and 79.19, of Rule 79 - Enforcement by Execution Order.
       

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