CASE NO. VOL. NO. PAGE
The Application of Lipsett Holdings - and - The Amalgamation of Lipsett
Limited and Bridgewater Insurance Holdings Limited and
Agency Limited Bridgewater Insurance Agency
Limited pursuant to Section 134
of the Companies Act, Revised
Statutes of Nova Scotia, 1989, c.
81
(Appellants) (Respondents)
CA162887 Halifax, N.S. Oland, J.A.
[Cite as: Lipsett Holdings Ltd., Re, 2000 NSCA 112]
APPEAL HEARD: September 20, 2000
JUDGMENT DELIVERED: October 11, 2000
SUBJECT: Amalgamations, Section 134 Companies Act
SUMMARY: Two companies which had received a certificate of amalgamation subsequently obtained an order declaring their amalgamation deemed effective on a date earlier than that on the certificate. After the Registrar of Joint Stock Companies refused to change the date of the certificate, they applied for an order amending their certificate of amalgamation. They appealed the decision of the Chambers judge dismissing their application.
ISSUE: Whether the Supreme Court of Nova Scotia has the jurisdiction to amend the date on a certificate of amalgamation to a date earlier than the date of that certificate.
RESULT: Appeal dismissed. The Supreme Court of Nova Scotia does not have any jurisdiction to amend the date of a certificate of amalgamation to one earlier than that date. Nothing in the Companies Act authorizes the court to make such an amendment and s. 134(10) circumscribes the inherent jurisdiction of the court.
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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 14 consists of pages. |