When is the deadline for prothonotary's motion to dismiss a dormant application?
The catalogue records a 2 years period from Day the notice of application is filed. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 years
- Trigger
- Day the notice of application is filed
- Counting
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- Mandatory on the prothonotary; the judge hearing the motion retains the discretion. Rule 59.05(4) disapplies the dormant-proceeding rules to an application or divorce proceeding under Rule 59.
- ADDED ON VERIFICATION. Note the sharp contrast with an action: an application goes dormant in TWO years, a defended action in five (r 4.22(1)), and a judicial review in five (r 7.30). What takes a proceeding out of this rule is the setting of a hearing date, not the taking of some other step. Verified against the Official Consolidated Civil Procedure Rules, consolidation of 19 June 2026, published by the Courts of Nova Scotia.