NOVA SCOTIA COURT OF APPEAL
Citation: Crossley Carpet Mills Ltd. v. Guarantee Company of North America,
2003 NSCA 11
Date: 20030120
Docket: CA 184032
Registry: Halifax
Between:
Crossley Carpet Mills Limited
Appellant
v.
The Guarantee Company of North America/
La Garantie, Compagnie D’Assurance D’Amerique Du Nord
Respondent
Judges: Bateman, Saunders and Hamilton, JJ.A.
Appeal Heard: January 20, 2003, in Halifax, Nova Scotia
Written Judgment: January 21, 2003
Held: Appeal dismissed per oral reasons for judgment of Bateman, J.A.; Saunders and Hamilton, JJ.A. concurring.
Counsel: Christa Hellstrom, for the appellant
Thomas Singleton and Karen MacDonald, for the respondent
Reasons for judgment: (Orally)
[1] After considering the written and oral submissions of counsel we are not persuaded that there is merit in the grounds of appeal advanced. In particular, we are not persuaded that the decision in Grenier c. Garantie, Cie d’assurance de l’Amérique du Nord, [2002] J.Q. No. 1133 (Q.L.) has any applicability to the case on appeal nor that it casts doubt upon the trial judge's acceptance of the law of Quebec as proved before him.
[2] We see no reason to depart from the usual award of costs, that being 40% of those at trial, which in this case we fix at $2800 plus disbursements as taxed or agreed.
Bateman, J.A.
Concurred in:
Saunders, J.A.
Hamilton, J.A.