When is the deadline for expiry of a notice of action if no defendant is notified?
The catalogue records a 1 year period from Day the notice of action, or notice of action for debt, 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
- 1 year
- Trigger
- Day the notice of action, or notice of action for debt, is filed
- 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.
- Rule 4.04(2): the plaintiff may move to renew for a second year, but only by filing a notice of motion no more than fourteen months after the day the notice of action is filed. Rule 4.04(6): after fourteen months a judge may renew an expired notice of action only on one of two narrow grounds, namely reasonable but unsuccessful efforts at personal service with a substituted service motion to follow, or inadvertence plus serious prejudice to the plaintiff and none to any defendant that costs cannot compensate. Never compute a renewal.
- ADDED ON VERIFICATION. The research draft omitted this entirely, and it is the most consequential omission in the catalogue after the limitation periods: a proceeding started on the last day of a limitation period is destroyed if no defendant is notified within a year and the position is not rescued under r 4.04(2) or (6). Because the period is expressed in years rather than days, r 94.02(1) does not strip weekends or closure days; compute the calendar anniversary. Rule 94.02(6) defines a year as the 365 days from midnight of a day to the instant before midnight beginning the same numbered day in the same month the following year, or 366 days for a year that includes 29 February. Rule 4.04(4): a notice renewed for a second year expires two years after the day it is filed. Rule 4.04(5): on expiry the prothonotary must deliver notice of the expiry to a party who designated an address for delivery. Rollover is marked "review" because r 94.02 supplies no rule for a period of years landing on a closed day and the safe practice is to notify earlier, never later. Verified against the Official Consolidated Civil Procedure Rules, consolidation of 19 June 2026, published by the Courts of Nova Scotia.