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Action renewed where no prejudice to the defendant’s insurer

June 11, 2015

O’Connell v. Farr, 2015 NSSC 85

O’Connell sued Farr and Lorde with regards to a multi-vehicle accident that occurred in 2005. The action was never served. While notice was given to Farr’s insurer, notice was not given to Lorde’s insurer. Several years passed without any activity in the action. In 2014, the Prothonotary moved for its dismissal. Up until this point, neither Lorde, nor his insurer, were aware that an action had been filed. O’Connell applied to renew the action.

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