Court of Appeal

Decision Information

Grenkow v. Halifax County Condominium Co. No. 151

Court Court of Appeal
Date 1993-12-13
Citation 1993 NSCA 5
Docket CA 02858
Judge/Registrar/Adjudicator Jones, Malachi C. (Honourable Justice) (CA)
Document Type Decision

Decision Content

C.A.   No. 02858

 

NOVA SCOTIA COURT OF APPEAL

Cite as Grenkow v. Halifax County Condominium Co.  No. 151, 1993 NSCA 5

 

 

BETWEEN:

 

 

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IRENE GRENKOW

 

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Applicant

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the appellant appeared in person

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HALIFAX COUNTY CONDOMINIUM CORPORATION NUMBER 151

 

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Respondent

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William Leahey

For the Respondent

 

 

 

 

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Appeal Heard:

 

 

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December 9, 1993

 

 

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Judgment Delivered:

December 13, 1993

 

 

 

 

BEFORE:       The Honourable Mr. Justice Jones in chambers.

 

JONES, J.A.:

This is an application to strike this appeal in a civil action under Rule 62.17(2) of the Civil Procedure Rules for non compliance with the Rules. The Notice of Appeal is dated May 14, 1993. The action arises out of Miss Grenkow's occupation of a condominium in the Corporation's building. The appellant unfortunately is in prison serving a sentence in respect of a fire in the same building. This action arose out of the fire. She has no means for perfecting the appeal and in particular for preparing the necessary documents. She was represented by legal aid on the trial. Apart from preparing the notice she has been turned down for legal aid on the appeal. The respondent argues that there is no merit in the appeal and that there is a foreclosure order against her interest in the condominium unit. I have heard the parties and it is clear that the Rules have not been complied with. With respect Miss Grenkow has had ample time to perfect the appeal. In effect the time was extended by Hallett, J. In the absence of legal aid I do not think that her present impecuniosity is a sufficient reason to dismiss the application.

I will grant the motion and dismiss the appeal.

 

 

 

J.A.

 

 

 

 

 

 

 

 

C.A. No. 02858

 

NOVA SCOTIA COURT OF APPEAL

 

 

 

BETWEEN

 

 

 

 

 

IRENE GAIL GRENKOW

 

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Appellant

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REASONS FOR JUDGMENT

 

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JONES, J.A.

 

HALIFAX COUNTY CONDOMINIUM                   CORPORATION #151

 

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Respondent

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