Hepditch Estate v. Halifax (Regional Municipality), (2000) 184 N.S.R.(2d) 245 (SC)

• Judge: Goodfellow, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: April 25, 2000
• Jurisdiction: Nova Scotia
• Citations: (2000), 184 N.S.R.(2d) 245 (SC)

Hepditch Estate v. Halifax (2000), 184 N.S.R.(2d) 245 (SC);

 573 A.P.R. 245

MLB headnote and full text

Temp. Cite: [2000] N.S.R.(2d) TBEd. MY.002

The Estate of Annie Hepditch, deceased (applicant) v. Halifax Regional Municipality, a municipal body corporate (respondent)

(File No. S.H. 160305)

Indexed As: Hepditch Estate v. Halifax (Regional Municipality)

Nova Scotia Supreme Court

Goodfellow, J.

May 3, 2000.

Summary:

The Regional Municipality of Halifax paid for the care of a nursing home resident. The resident's property was sold at a tax sale. After the resident's death, Halifax claimed against her estate for, inter alia, reimburse­ment for the cost of the nursing home care. The following issues were raised: (1) was the property a "designated residence" pur­suant to s. 8 of the Social Assistance Act, and thus exempt from Halifax's claim; (2) was the claim barred by the limitation period under s. 12(2) of the Act and, if so, should the limitation defence be set aside pursuant to s. 3(2) of the Limitations of Actions Act; and (3) did s. 8 of the Social Assistance Act violate s. 15(1) of the Charter.

The Nova Scotia Supreme Court, held that: (1) the property was not a designated resi­dence under s. 8; (2) it was equitable to allow the action to proceed and the limita­tion defence should be struck; and (3) s. 8 did not violate s. 15(1) of the Charter.

Civil Rights - Topic 5648

Equality and protection of the law - Par­ticular cases - Social assistance legislation or practices - Section 8 of the Social As­sistance Act permitted persons in need to designate their residence thereby exempting it from claims to recover the costs of assistance provided under the Act - The Nova Scotia Supreme Court rejected an assertion that s. 8 violated s. 15(1) of the Charter on the basis of mental disability - The Act did not draw a distinction between mentally incompetent persons and any other group - If a person was mentally incompetent, a family member or friend could apply under the Incompetent Persons Act to act as guardian and exercise the right to designate - See paragraphs 31 to 39.

Limitation of Actions - Topic 9426

Bars - Disallowance of defence - Consider­ations - Prejudice to parties - The Regional Municipality of Halifax paid for the care of a nursing home resident - The resident died intestate on December 20, 1996 - Thereafter, Halifax took several steps in the matter and, on June 25, 1999, at­tempted to file a claim against the resi­dent's estate for, inter alia, reimbursement for the cost of the care provided - The Registrar refused to file the claim until an administrator of the estate was appointed - At a show cause hearing on September 22, 1999, an administrator was appointed - The administrator, asserted that Halifax's claim for reimbursement was barred by the one year limitation period under s. 12(2) of the Social Assistance Act - The Nova Scotia Supreme Court noted that there was evidence of actual prejudice and held that it was equitable to disallow the limitation defence pursuant to s. 3(2) of the Limita­tion of Actions Act - See paragraphs 21 to 30.

Social Assistance - Topic 2022

Subrogation and recovery from recipient - Exemptions - Residence - The Regional Municipality of Halifax paid for the care of a nursing home resident - The resident's property was sold at a tax sale - After the resident's death, Halifax claimed against her estate for, inter alia, reimbursement for the cost of the care provided - The estate claimed that the property was a "desig­nated residence" under s. 8 of the Social Assistance Act, and thus exempt from Halifax's claim - The Nova Scotia Supreme Court held that the property was not a "designated residence" where the resident or a representative of the resident had not taken any action to execute a designation - The threshold of designation was low - However, the fact that the resi­dent lived in her home for two years before entering the nursing home did not constitute a designation - See paragraphs 11 to 20.

Social Assistance - Topic 2022

Subrogation and recovery from recipient - Exemptions - Residence - [See Civil Rights - Topic 5648 and Limitation of Actions - Topic 9426 ].

Cases Noticed:

Morris et al. v. Stuckless (1995), 143 N.S.R.(2d) 212; 411 A.P.R. 212 (T.D.), refd to. [para. 5].

Lawson Estate v. Annapolis (County) (1995), 139 N.S.R.(2d) 318; 397 A.P.R. 318 (C.A.), refd to. [para. 15].

Halifax (City) et al. v. Nova Scotia (At­torney General) (1996), 149 N.S.R.(2d) 390; 432 A.P.R. 390 (S.C.), refd to. [para. 16].

Lunenburg (Municipality) v. Bichard Es­tate (1994), 131 N.S.R.(2d) 265; 371 A.P.R. 265 (S.C.), refd to. [para. 18].

Layes v. Chisholm and Stewart (1999), 174 N.S.R.(2d) 139; 532 A.P.R. 139 (C.A.), dist. [para. 21].

Smith v. Clayton et al. (1994), 133 N.S.R.(2d) 157; 380 A.P.R. 157 (S.C.), refd to. [para. 23].

Andrews v. Law Society of British Columbia (1989), 91 N.R. 255; 56 D.L.R.(4th) 1, refd to. [para. 32].

Law v. Minister of Employment and Im­migration (1999), 236 N.R. 1; 170 D.L.R.(4th) 1, refd to. [para. 32].

Symes v. Minister of National Revenue, [1993] 4 S.C.R. 695; 161 N.R. 243; 110 D.L.R.(4th) 470, refd to. [para. 37].

Statutes Noticed:

Social Assistance Act, R.S.N.S. 1989, c. 432, sect. 8 [para. 9].

Authors and Works Noticed:

Black's Law Dictionary (5th Ed.), gen­erally [para. 13].

Random House Dictionary of the English Language (2nd Ed.), generally [para. 14].

Counsel:

Stephen R. Boyce, for the applicant;

Lisa Richards and Augustus W. Richard­son, for the respondent;

Alex Ikejiani, for the Attorney General of Nova Scotia.

Goodfellow, J., of the Nova Scotia Supreme Court, heard this application in Chambers on April 25, 2000, and delivered the following decision on May 3, 2000.