Court of Appeal

Judge:

The Honourable Justice Peter M. S. Bryson

Appeal Heard:

May 28, 2014, in Halifax, Nova Scotia

Subject:

Real Property; Quieting Title; Practice – Civil Procedure Motion for Directions

Summary:

The appellants brought a proceeding under the Quieting Titles Act 1989, R.S.N.S., c. 382 (“Act”), seeking a certificate of title of approximately 600 acres, based on possession.  That application for directions was dismissed because no plan of the lands claimed was filed and there were deficiencies in the pleadings, supporting affidavits and abstract of title.

Issues:

Did the Chambers judge err in deciding that:

(1) the Act required the appellants to file a plan of the lands claimed.

(2) the appellants’ pleadings and affidavits did not comply with the Act.

(3) the appellants’ abstract of title did not comply with the Act.

Result:

Appeal dismissed.  The Chambers judge did not err regarding non compliance with the Act.  Moreover, he had adjourned the first application for directions to allow amendments to the Statement of Claim.  Following the resumed application, the Chambers judge wrote to counsel with further concerns regarding the abstract of title.  He was not satisfied with the appellants’ responses.  While it should normally be possible to give directions, notwithstanding inadequacies in an applicant’s materials, the omissions in this case were significant and uncorrected by the appellants, although they were given an opportunity to do so.  The decision of the Chambers judge was not res judicata, and the appellants were free to apply for directions if they chose to address the omissions identified by the Chambers judge.