C.A. No. 129905
NOVA SCOTIA COURT OF APPEAL
Cite as: Fairway Building Supply Ltd. v. Windy Bay Fisheries Ltd.,
Roscoe, Pugsley and Bateman, JJ.A.
BETWEEN: )
)
FAIRWAY BUILDING SUPPLY LIMITED and ) G.F. Philip Romney
DARRYL W. BURGESS ) for the Appellant
)
Appellants )
)
- and - )
)
WINDY BAY FISHERIES LIMITED, a body ) Gordon M. Davidson
corporate ) for the Respondent
)
Respondent )
)
)
) Appeal Heard:
) December 6, 1996
)
)
)
) Judgment Delivered:
) December 6, 1996
THE COURT: The appeal is dismissed with costs to the respondent in the amount of $500.00 including disbursements as per oral reasons for judgment of Chipman, J.A.; Pugsley and Bateman, JJ.A., concurring.
The reasons for judgment of the Court were delivered orally by
ROSCOE, J.A.:
The issue on this appeal is whether a Chambers judge erred in granting leave to the respondent to issue an execution order against the appellant. The issues and the argument are the same as those in Neiff Joseph Land Surveyors Limited v. Windy Bay Fisheries Limited, C.A. 12980 heard at the same time.
For the reasons enunciated in the Neiff Joseph matter, this appeal is also dismissed with costs to the respondent in the amount of $500.00 including disbursements.
Roscoe, J.A.
Concurred in:
Pugsley, J.A.
Bateman, J.A.