This Div is a JS Trigger
Issue 67 | January 2021

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
'Sure' Thing: Staying Current with Bond Legislation

Some matters require the posting of a surety bond. In such cases, you have to make sure the bond reflects the relevant and current legislation, starting with the Sureties Act, RSNS 1989, c 451. In addition, you can review Nova Scotia Civil Procedure Rules 36 - Representative Party; 43: Temporary Recovery Order; 44 - Attachment; and 71 - Guardianship.

Finally, a reminder for lawyers who represent clients seeking to act for persons lacking capacity should by now be aware that in 2017, the Adult Capacity and Decision-making Act repealed the Incompetent Persons Act. However, if the bonding company / insurer was unaware of the change or is slow to update its forms, it is possible that a bond they issue still cites the repealed statute. Courts will not accept such instruments. Surety bonds should reflect the legislation they are issued pursuant to.