Court of Appeal

CASE NO.                                                     VOL. NO.                                           PAGE

Cite as: Howell v. Brathwaite, 1998 NSCA 126

WANDA LEE HOWELL                              - and -                        FRANK BRATHWAITE

Appellant                                                                                           Respondent

C.A. No. 144303                                           Halifax                                   CHIPMAN, J.A.

APPEAL HEARD:                                                   May 26, 1998

JUDGMENT DELIVERED:                                   May 26, 1998

WRITTEN RELEASE OF ORAL:                         May 29, 1998

SUBJECT:               PRACTICE - Interlocutory Appeals

SUMMARY:              The appellant sought leave to appeal from an interlocutory decision of Edwards, J. ordering production of additional materials and the reattendance of the appellant for a medical examination.

ISSUE:                       Whether the Chambers judge erred in the exercise of his discretion.

RESULT:                  The Court of Appeal held that it was not shown that the Chambers judge had erred in law or worked a manifest injustice in the exercise of his discretion.  Leave to appeal was granted but the appeal was dismissed.