27 Feb 2025
MacIntyre v. 2166439 Nova Scotia Limited (Halliburton House Inn)
Background:
- MacIntyre, an Ontario resident, filed a lawsuit in 2016 for personal injuries from a slip and fall accident in 2014 at the Defendant’s inn.
- Multiple legal representation changes led to delays. Her original lawyer (Balena) ceased acting for her without clear communication, causing complications.
- The Finish Date (final pre-trial deadline) was January 3, 2025.
Legal Basis for Adjournment:
- Nova Scotia Civil Procedure Rule 4.20 governs adjournments after the Finish Date. It requires the court to consider:
- Prejudice to the Plaintiff if forced to proceed.
- Prejudice to the Defendant if the trial is delayed.
- Public interest in judicial efficiency.
- The Defendant argued any prejudice to the Plaintiff was self-inflicted due to delays in obtaining expert evidence (e.g., economic loss report).
Court’s Decision:
- The court granted the adjournment to allow the Plaintiff time to secure an economic loss report, deemed crucial to her case.
- The trial was rescheduled for April 2027 with a new Finish Date of February 26, 2027.
- No costs were awarded for the motion, but the Defendant may seek compensation for expenses due to the delay.
Key Takeaways:
- A significant delay (over two years) was granted due to ineffective legal representation.
- The court prioritized fairness to the Plaintiff over concerns of judicial efficiency and Defendant’s inconvenience.
- The Plaintiff insisted on a jury trial, which factored into the decision.