Nova Scotia Court of Appeal
Citation: Patriquin v. Killam Properties Inc., 2014 NSCA 114
Date: 20141223
Docket: CA 420770
Registry: Halifax
Between:
Mark Patriquin
Appellant
v.
Killam Properties Inc.
Respondent
|
Judge: |
The Honourable Justice Joel E. Fichaud |
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Appeal Heard: |
December 3, 2014, in Halifax, Nova Scotia |
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Subject: |
Appeals - Residential Tenancies - Small Claims Court |
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Summary: |
The Supreme Court allowed a lessor’s appeal from a decision of a Small Claims Court adjudicator on a residential tenancies matter. The lessee filed a notice of appeal to the Court of Appeal. The lessor moved for an order to dismiss the appeal. |
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Issues: |
Does the Court of Appeal have jurisdiction to hear a further appeal from the Supreme Court after an appeal from the Small Claims Court in a residential tenancies dispute? |
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Result: |
The Court of Appeal granted the motion and dismissed the appeal. Section 32(6) of the Small Claims Court Act says that a decision of the Supreme Court pursuant to s. 32 “is final and not subject to appeal”. As the Decision of the Supreme Court in this matter was pursuant to s. 32, s. 32(6) precluded a further appeal to the Court of Appeal. The Court of Appeal’s appellate authority over taxations of legal costs and lawyers’ fees did not apply to this residential tenancies matter. |
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 8 pages.