When is the deadline for prothonotary's motion to dismiss a dormant defended action?
The catalogue records a 5 years period from Day the notice of action 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
- 5 years
- Trigger
- Day the notice of action is filed
- Counting
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- The obligation on the prothonotary is mandatory ("must"), but the outcome is a motion before a judge, not automatic dismissal. Rule 4.22(2): the motion must include dismissal of any counterclaim, crossclaim, or third party claim in the action.
- ADDED ON VERIFICATION. A hard diary date for every defended action: setting a trial date or filing a request for a date assignment conference before the fifth anniversary of filing takes the action outside the rule. Expressed in years, so counted as calendar years and not under r 94.02(1). Verified against the Official Consolidated Civil Procedure Rules, consolidation of 19 June 2026, published by the Courts of Nova Scotia.