Court of Appeal

Date: 20011130

Docket: CAC172665

                                NOVA SCOTIA COURT OF APPEAL

                                [Cite as: Stears v. MacLean, 2001 NSCA 177]

                                 Cromwell, Hallett and Hamilton, JJ.A.

BETWEEN:

                                              BRIAN A. MacLEAN

Appellant

                                                          - and -

                                                 BRIAN STEARS

Respondent

                                        REASONS FOR JUDGMENT

Counsel:                Charles J. Ford for the appellant

Janet Clark for the respondent

Appeal Heard:                  November 30, 2001

Judgment Delivered:         November 30, 2001

THE COURT:       The appeal is dismissed, per reason for judgment given orally by Hamilton, J.A.; Hallett and Cromwell, JJ.A. concurring.

 Hamilton, J.A. (Orally):

[1]              We are not persuaded that the chambers judge on this record committed any reviewable error in concluding that personal service had been effected on the appellant, Mr. MacLean.

[2]              Leave to appeal is granted but the appeal is dismissed.

[3]              With respect to costs, they are awarded in the amount of $750.00 inclusive of disbursements payable forthwith by the appellant to the respondent.

Hamilton, J.A.

Concurred in:

Hallett, J. A.

Cromwell, J. A.