NOVA SCOTIA COURT OF APPEAL
Citation: Caterpillar Inc. v. Secunda Marine Services Ltd.,
2010 NSCA 105
Date: 20101216
Docket: CA 337520
Registry: Halifax
Between:
Caterpillar Inc.
Appellant
v.
Secunda Marine Services Limited, Pucket Machinery Company
and Halter Marine Inc.
Respondents
Judge: The Honourable Justice Fichaud
Appeal Heard: November 30, 2010
Subject: Adjournments - Rules 4.20(3) and 4.21
Summary: Caterpillar applied for an adjournment because its lead counsel was committed to a trial in Ontario. The chambers judge denied the adjournment.
Issue: Did the judge err in principle in applying the factors under Rule 4.20(3)?
Result: The Court of Appeal allowed the appeal. When considering the prejudice to the party resisting the adjournment, the judge should have considered whether that prejudice was reparable by an indemnity under Rules 4.21(e) and (f). The Court of Appeal ordered Caterpillar to indemnify Secunda on a solicitor client basis, and granted the adjournment.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 7 pages. |