Welcome to your daily briefing on legal developments in NS. Today we're covering 5 key stories including updates on nova scotia legal headlines, background & context. Let's dive in.
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The Nova Scotia Business Registry Online Service is accessible via My Business Account for business owners, representatives, and accountants.
Legal professionals in Nova Scotia can utilize this centralized online service to assist clients with business registry matters and corporate compliance.
The Nova Scotia Courts clarify that daily dockets are public records, with exceptions for Wellness Court Programs, the Supreme Court Family Division, and specific Youth Court redactions.
Legal professionals in NS must understand these access protocols to properly navigate case tracking and ensure compliance with privacy restrictions for sensitive matters.
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A preservation (litigation hold) letter is appropriate as soon as litigation is reasonably anticipated, not just after a complaint is filed. The letter should identify the matter, the document categories at issue, and the recipient's preservation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.
Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.
The clock can pause for: (1) the defendant being out of state in some jurisdictions, (2) the plaintiff being a minor or under disability, (3) the defendant fraudulently concealing the cause of action. The clock does NOT pause for: settlement negotiations, insurance correspondence, or the plaintiff being unaware of the legal theory.
Misreading tolling is the most common malpractice claim against general civil litigators. The defenses are routinely lost on motion to dismiss before discovery even opens.
Most non-compliance findings stem from three avoidable mistakes: claiming credit for the wrong reporting period, missing the ethics-credit minimum, and failing to retain proof of attendance for the audit lookback window (typically 5 years). State bar audits are random but increasing in frequency.
A CLE non-compliance finding is a public record in many states and triggers an administrative suspension that requires reinstatement application. Reinstatement is slower than initial admission in some jurisdictions.
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