Citation: Allen v. Royal Canadian Legion, 2007 NSCA 44
Date: 20070419
Docket: CA 273709
Registry: Halifax
Between:
Donald Allen, a member of the Royal Canadian Legion
and the branch thereof formerly chartered under the name
“Scotia” Branch, and a representative of a number of persons
who are former members of the Scotia Branch, Royal Canadian
Legion, Halifax, Nova Scotia
Appellant
v.
Nova Scotia - Nunavut Command, a
Provincial Command of the Royal Canadian Legion
Respondent
Judge: The Honourable Justice Fichaud
Appeal Heard: March 26, 2007
Subject: Interlocutory dismissal of statement of claim
Summary: The chambers judge dismissed the action on an interlocutory application because (1) the action was filed outside six months for certiorari under CPR 56.06 (2) laches barred the claim, and (3) there was an internal appeal procedure.
Issue: Did the chambers judge properly apply the certiorari limitation period and laches? Should factual issues respecting the alternative remedy be left for trial?
Result: The appeal was allowed. The statement of claim claimed a declaration, not certiorari. The six months limitation in CPR 56.06 did not apply. Laches was not pleaded and involved factual issues for trial. The adequacy of the alternative appeal also involved factual issues for trial.
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