Court of Appeal

Decision Information

Newton v. Waterbury Newton

Court Court of Appeal
Date 2011-04-15
Citation 2011 NSCA 34
Docket CA 338183
Judge/Registrar/Adjudicator Fichaud, Joel E. (Honourable Justice); MacDonald, J. Michael (Honourable Chief Justice) (CA); Bryson, Peter M.S. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - Newton v. Waterbury Newton - 2011 NSCA 34 - 2011-04-15 - Decision

Decision Content

NOVA SCOTIA COURT OF APPEAL

Citation: Newton v. Waterbury Newton, 2011 NSCA 34

 

Date:  20110415

Docket:  CA 338183

Registry: Halifax

 

 

Between:

Walter O. Newton

Appellant

v.

 

Waterbury Newton

Respondent

 

 

Judge:                   The Honourable Justice Peter M. S. Bryson

 

Appeal Heard:      March 21, 2011              

 

Subject:                Civil Procedure – Alternate Dispute Resolution – Stay

 

Summary:             Appellant applied for a stay of proceedings pursuant to Civil Procedure  Rule 4.07(3) and s. 7 of the Arbitration Act, R.S.N.S. 1989, c. 19.  Partnership Agreement provided for resolution of disputes by arbitration.  Respondent sued appellant who defended, provided some documents and agreed to discovery, but refused substantive answers citing the Agreement.  More than two years after suit started, appellant applied for stay.

 

Issue:          Did Chambers judge err in refusing stay?

 

Result:                  Leave granted but appeal dismissed.  Chambers judge did not err.  Appellant had defended and taken steps in the proceedings which precluded right to apply for stay under s. 7 of the Arbitration Act.

 

 

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