2017 June 14

Automattic, Inc. v. Trout Point Lodge, 2017 NSCA 52

The Nova Scotia Court of Appeal, allowing in part an appeal from a lower court, held that a motions judge must determine the applicable limitation period before adding a person as a party to the proceeding, which involved, inter alia, claims of defamation in respect of which the defendant alleged that California law will apply.  The Court of Appeal expressly declined to decide whether the law of California did apply, and if so, whether the limitation period had expired.  The plaintiff was permitted to resubmit the motion to the lower court to add the proposed party.