Court of Appeal

Decision Information

Hoffman v. Lamb

Court Court of Appeal
Date 2001-10-18
Citation 2001 NSCA 150
Docket CA 162592, 167969
Judge/Registrar/Adjudicator Flinn, Edward J. (Honourable Justice); Bateman, Nancy J. (Honourable Justice) (CA); Hallett, J. Doane (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - Hoffman v. Lamb - 2001 NSCA 150 - 2001-10-18 - Decision

Decision Content

CASE NO.                                      VOL. NO.                                             PAGE

 

BENJAMIN RALPH HOFFMAN       - and - CAROLYN JANE LAMB

                                                              

(Appellant)                                                                                          (Respondent)

                                                              

CA 162592

CA 167969                                     Halifax, N.S.                            Flinn, J.A.(orally)

                                                                                                                             

 

                             [Cite as:  Hoffman v. Lamb, 2001 NSCA 150]

 

APPEAL HEARD:                        October 18, 2001

 

JUDGMENT DELIVERED:          October l8, 2001

 

SUBJECT:       Civil Procedure Rule 55 Contempt order issued on ex parte application - Leave to make the application not obtained in advance.

 

SUMMARY:    The Chambers judge issued a contempt order and warrant for the arrest of the appellant.  The order was granted on the strength of the respondent’s ex parte application.  Leave to bring the application had not been obtained.

 

RESULT:         Appeal allowed.

 

Since the contempt order provided for the imprisonment of the appellant strict compliance with the Civil Procedure Rules is required.  The respondent failed to obtain the leave of the court to make the application for the contempt order which is the subject of this appeal.  That order must be set aside.

 

 

 

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