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CASE NO.                                                     VOL. NO.                                           PAGE

 

Cite as: Flynn v. Atkinson, 1998 NSCA 162

 

 

ARTHUR A. FLYNN, NEIL             - and -                        PATRICIA ATKINSON

MARSHALL and NEIL EDGAR

MARSHALL

 

Appellants                                                                 Respondent

 

CA No. 145511                                             Halifax                                   CHIPMAN, J.A.

 

APPEAL HEARD:                                       September 15, 1998

 

JUDGMENT DELIVERED:                       September 15, 1998

 

WRITTEN RELEASE OF ORAL:             September 16, 1998

 

SUBJECT:                           PRACTICE - Striking Jury Notice - Exercise of Discretion by Chambers Judge

 

SUMMARY:                          A Chambers judge granted an application to strike a jury notice on the grounds that the matter was complex.

 

ISSUE:                                   Whether the Chambers judge erred.

 

RESULT:                              The Court of Appeal reviewed the circumstances of the exercise of discretion by the Chambers judge and held that he had not erred.  The appeal was dismissed.

 

 

 

 

 

 

 

 

 

 

 

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