Date: 20011018
Docket: CA 162593
NOVA SCOTIA COURT OF APPEAL
[Cite as: Hoffman v. Lamb, 2001 NSCA 151]
Bateman, Hallett and Flinn, JJ.A.
BETWEEN:
BENJAMIN RALPH HOFFMAN
Appellant
- and -
CAROLYN JANE LAMB (HOFFMAN)
Respondent
REASONS FOR JUDGMENT
Counsel: David P.S. Farrar and Christa M. Hellstrom for the appellant
Elizabeth Van den Eynden for the respondent
Appeal Heard: October 18, 2001
Judgment Delivered: October 18, 2001
THE COURT: Appeal dismissed per oral reasons for judgment of Bateman, J.A.; Hallett and Flinn, JJ.A. concurring.
BATEMAN, J.A.: (Orally)
[1] We are not persuaded that this matter is not moot. In any event, we are unanimously of the view that there is no merit to the grounds of appeal raised by Dr. Hoffman. We are not satisfied that, in these circumstances, the judge erred in granting the ex parte order of March 10, 2000 nor in refusing to vary or set aside that order on March 21, 2001. Accordingly the appeal is dismissed with costs to the respondent of $2000 inclusive of disbursements.
Bateman, J.A.
Concurred in:
Hallett, J.A.
Flinn, J.A.