When is the deadline for six month extension after incapacity suspension ends?
The catalogue records a 6 months period from Day on which the suspension for incapacity ends, where the limitation period then has less than six months to run. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- Day on which the suspension for incapacity ends, where the limitation period then has less than six months to run
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Not a discretionary extension - it operates automatically, but only where less than six months remained when the suspension ended.
- Conditional: if six months or more remained when capacity was regained, s 19(2) does nothing and the original expiry date stands. The engine must test the residual period before applying it. Section 18 provides the parallel minority suspension: 'The limitation periods established by this Act do not run while a claimant is a minor' - note that s 18 has no equivalent six-month tail, so on attaining majority the balance of the original period simply resumes. Corrected on verification: rollover changed from "next-open-day" to "review". As encoded, the engine would have rolled the six-month tail after an incapacity suspension ends forward using the holidays array in this file, which is the Rule 94.02(1)(c) COURT-CLOSURE set. A statutory limitation period rolls over only under Interpretation Act, RSNS 1989 c 235, s 19(k), and only where the time expires or falls on a Saturday or on a "holiday" as defined in s 7(1)(j) of that Act. Easter Monday, Natal Day, the National Day for Truth and Reconciliation and Boxing Day are in the court-closure list but are not s 7(1)(j) holidays, so the encoded behaviour could extend a limitation period beyond what the statute allows and tell a practitioner that a barred claim was still in time. The period itself is confirmed verbatim against the nslegislature.ca consolidation of the Limitation of Actions Act, SNS 2014 c 35 (proclaimed 4 August 2015, in force 1 September 2015).