NOVA SCOTIA COURT OF APPEAL
Citation: Clearwater Seafoods Limited Partnership v. Boutcher,
2005 NSCA 155
Date: 20051128
Docket: CA 250843
Registry: Halifax
Between:
Clearwater Seafoods Limited Partnership
Appellant
v.
Cecil Boutcher and Clyde Knickle
Respondents
Judge(s): Justice Jamie W. S. Saunders
Appeal Heard: November 28, 2005, in Halifax, Nova Scotia
Written Judgment: November 28, 2005
Held: Leave to appeal denied with costs and disbursements to each of the respondents, as per oral reasons for judgment of Saunders, J.A.; MacDonald, C.J.N.S. & Roscoe, J.A. concurring
Counsel: Eric Durnford, Q.C. & Rebecca Pitts, for the appellant
Grant A. Machum, with Lisa Gallivan appearing for the respondents
Saunders, J.A. (Orally):
[1] This is an appeal from the interlocutory, discretionary order of Nova Scotia Supreme Court Justice Suzanne M. Hood in which she dismissed the appellant’s application to strike the respondents’ joint statement of claim and order that their actions be severed and commenced separately pursuant to Civil Procedure Rule 5. The material facts are all contained in Justice Hood’s comprehensive decision, now reported as Boutcher and Knickle v. Clearwater Seafoods, [2005] N.S.J. No. 431.
[2] This is a matter where leave is required. We are unanimously of the view that leave ought to be denied. In doing so we fully endorse the reasons and disposition of Justice Hood.
[3] We award Captain Boutcher and Captain Knickle their costs: $1,250 to each of the respondents payable forthwith, plus their respective disbursements, as agreed or taxed.
Saunders, J. A.
Concurred in:
MacDonald, C.J.N.S.
Roscoe, J.A.