NOVA SCOTIA COURT OF APPEAL
Citation: W. Eric Whebby Ltd. v. Doug Boehner Trucking & Excavating Ltd., 2007 NSCA 42
Date: 20070412
Docket: 274238
Registry: Halifax
Between:
W. Eric Whebby Limited, a body corporate
Appellant
v.
Doug Boehner Trucking & Excavating Limited, a
body corporate; United Gulf Developments Limited, a body
corporate, Greater Homes Inc., a body corporate, and
Garden Crest Developments Limited, a body corporate
Respondents
- and -
United Gulf Developments Limited, a body
corporate; Greater Homes Inc., a body corporate,
and Garden Crest Developments Limited, a body corporate
Respondents
(Appellants by Cross-Appeal)
Judges: MacDonald, C.J.N.S.; Cromwell and Saunders, JJ.A.
Application Heard: April 11, 2007, in Halifax, Nova Scotia
Held: Application for a new trial denied; appeal adjourned to June 14, 2007 for argument on the merits.
Counsel: George W. MacDonald, Q.C. and Christopher Wilson for the appellant
David Farrar, Q.C. and Sara Scott for the respondents United Gulf Developments Limited and Greater Homes Inc.
David Coles, Q.C. for the respondent Garden Crest Developments Limited
Michael Wood, Q.C. , for the respondent Boehner Trucking & Excavation Limited not appearing
Decision:
[1] We are not at this point persuaded that the lack of a transcript requires us to order a new trial. We therefore adjourn the hearing to the date previously reserved, June 14, 2007 at 10:00 a.m. for full argument on the merits of the appeal and the cross-appeals. Of course, all remedial options remain open to us, including ordering a new trial if persuaded that the justice of the case requires it after having had the benefit of full argument on the merits.
[2] Subject to counsel’s suggestions, we propose the following filing dates:
Appellant’s Factum by Whebby May 1
Respondents’ factums, including May 14
submissions on the cross-appeals
by Boehner, United Gulf/ Greater Homes
and Garden Crest
Responses to cross- appeals May 21
(Whebby, United Gulf/Greater Homes,
Garden Crest, Boehner)
MacDonald, C.J.N.S.
Cromwell, J.A.
Saunders, J.A.