CASE NO. VOL. NO. PAGE
WALTER ERNEST PARTRIDGE THE SOCIETY OF LLOYD’S
- and -
(Appellant) (Respondent)
and:
THE SOCIETY OF LLOYD’S RICHARD MARCEL VAN SNICK
(Appellant) (Respondent)
CA 160894 Halifax, N.S. BATEMAN, J.A.
CA 161263
Cite as: Society of Lloyd’s v. Partridge, 2000 NSCA 84]
APPEAL HEARD: June 12, 2000
JUDGMENT DELIVERED: July , 2000
SUBJECT: Notice on registration of U.K. judgments pursuant to the Canada and United Kingdom Reciprocal Recognition and Enforcement of Judgments Act, R.S.N.S. 1989, c. 52
SUMMARY: Two appeals - one from a decision of Justice MacAdam in chambers dismissing an ex parte application to register a U.K. judgment and deciding that application to register must be made on notice. Appeal from earlier decision of Chief Justice Kennedy in chambers to permit such registration, ex parte.
ISSUE: Is notice required?
RESULT: The Canada-UK Act, as distinct from the Reciprocal Enforcement of Judgments Act, R.S.N.S. 1989, c. 388 contains no provisions expressly permitting ex parte registration. Absent such, or Court Rules to that effect, notice to the judgment debtor is required. Burton v. Howlett (1998), 172 N.S.R. (2d) 342 (C.A.) applied.
This information sheet does not form part of the court’s decision. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 20 pages. |