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, c451. 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: if you represent clients seeking to act for persons lacking capacity, you should by now be aware that in 2017, the Adult Capacity and Decision-making Act repealed the Incompetent Persons Act.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was still unaware of the change or is slow to update its forms, it is possible that a bond they issue still cites the repealed statute.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.