Court of Appeal

Decision Information

MacMillan v. Children's Aid Society of Cape Breton

Court Court of Appeal
Date 2006-02-07
Citation 2006 NSCA 13
Docket CA 244399
Judge/Registrar/Adjudicator Hamilton, M. Jill (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA); Saunders, Jamie W. S. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - MacMillan v. Children's Aid Society of Cape Breton - 2006 NSCA 13 - 2006-02-07 - Decision

Decision Content

 

NOVA SCOTIA COURT OF APPEAL

Citation: MacMillan v. Children’s Aid Society of Cape Breton, 2006 NSCA 13

 

Date: 20060207

Docket: CA 244399

Registry: Halifax

Between:

Alexis John MacMillan

Appellant

v.

 

The Children’s Aid Society of Cape Breton and

Frank Sampson, Hildegarde O’Neil and Melinda MacLeod

Respondents

 

 

 

Judge:                   The Honourable Justice M. Jill Hamilton

 

Appeal Heard:      January 27, 2006            

 

Subject:       Dismissal for want of prosecution, Civil Procedure Rule 28.13

 

Summary:   The appellant failed to provide a list of documents over ten years after he commenced an action against the respondents despite many requests for same. The respondents successfully applied to have the action struck.

 

Issue: Did the judge err in applying the test applicable on an application to strike for want of prosecution?

 

Result:        Appeal dismissed. The judge referred to the correct test and applied it properly.

 

 

 

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