Date: 19991013
Docket: CA 155015
NOVA SCOTIA COURT OF APPEAL
[Cite as: Brett v. Superior Propane Inc., 1999 NSCA 120]
Chipman, Hart and Flinn, JJ.A.
BETWEEN: )
)
BRUCE R. BRETT ) Brian W. Stilwell
) for the Appellant
Appellant )
)
- and - )
)
SUPERIOR PROPANE INC., ) John Kulik
a body corporate ) for the Respondent
)
Respondent )
)
) Appeal Heard:
) October 13, 1999
)
)
) Judgment Delivered:
) October 13, 1999
THE COURT: The appeal is dismissed with costs as per oral reasons for judgment of Chipman, J.A.; Hart and Flinn, JJ.A., concurring.
The reasons for judgment of the Court were delivered orally by:
CHIPMAN, J.A.:
[1] This is an appeal from a decision of Saunders, J. in Chambers dismissing an application by the appellant pursuant to s. 68 of the Personal Property Security Act, S.N.S. 1995-96, c. 13 seeking a determination of priority or entitlement to heating equipment supplied by the respondent to a building at which the appellant was mortgagee of a leasehold interest. Saunders, J. dismissed the appellant’s application as of “little merit” holding inter alia that if it were necessary for him to do so he would find that the equipment constituted chattels in law and not fixtures.
[2] Since the decision of Saunders, J., the appellant, as mortgagee, has foreclosed his interest in the lease. Consequently, we are of the opinion that these entire proceedings are moot and, as a result, the decision of Saunders, J. is of no effect other than with respect to costs.
[3] The appeal is dismissed without prejudice to the appellant’s rights, if any, as against the respondent respecting the equipment.
[4] The respondent will recover costs of this appeal which we fix at $1,000.00, plus disbursements.
Chipman, J.A.
Concurred in:
Hart, J.A.
Flinn, J.A.