CASE NO. VOLUME PAGE
Cite as: Layes v. Chisholm, 1997 NSCA 81
ETHEL MAYE LAYES DUNCAN J. CHISHOLM
and JAMES STEWART
- and -
(Appellant) (Respondents)
C.A. No. 135212 Halifax, N.S. HALLETT, J.A.
APPEAL HEARD: April 11, 1997
JUDGMENT DELIVERED: April 30, 1997
SUBJECT: Limitation of Actions Act, R.S.N.S. 1989, c. 258, ss. 2(1)(e); 3(2) and (6)
Procedure - Civil Procedure Rules 14.25 and 25
SUMMARY: The appellant brought an application in the Supreme Court pursuant to s. 3(2) of the Limitation of Actions Act requesting the Court disallow the limitation defences filed by the respondents.
Justice Anderson dismissed the appellant's application and also dismissed her action.
The Court of Appeal dismissed the appeal from Justice Anderson's dismissal of the appellant's application (cases considered: Central Trustco v. Rafuse, [1986] 2 S.C.R. 147; and MacCulloch v. McInnes Cooper & Robertson (1995), 140 N.S.R. (2d) 220).
The Court of Appeal allowed the appeal from Justice Anderson's order dismissing her action as this issue was not before him (Considered Rule 14.25, Rule 25 and the decision of the Court of Appeal in Binder v. Royal Bank of Canada et al. (1996), 150 N.S.R. (2d) 234).
|
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION, QUOTES MUST BE FROM THE DECISION, NOT FROM THE COVER SHEET. THE FULL COURT DECISION CONSISTS OF 9 PAGES. |