IN THE SUPREME COURT OF NOVA SCOTIA
Citation: White v. Weeks , 2005 NSSC 65
Date: 20050330
Docket: 115015
Registry: Sydney
Between:
Michael White
Applicant
v.
Robert Weeks, Marjorie Weeks, and Ernest Weeks
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: March 29, 2005, in Sydney, Nova Scotia
Subject: CPR 9.07(1) – application to renew originating notice and statement of claim.
Facts: Through inadvertence, solicitor had failed to arrange service of the Originating Notice and Statement of Claim during the requisite six months. Defendants opposed application stating that they had been prejudiced by the passage of time. They also argued that because they had limited financial means and no insurance, the continuation of the lawsuit would be a financial hardship for them.
Issue: Was the injustice to the Applicant outweighed by the potential prejudice to the Defendants.
Result: Application granted. Injustice to the Applicant if application denied far outweighed the potential prejudice to the Respondents. Further the financial means of the Respondents was not relevant to the application.
Cases Noted: Minkoff v. Poole and Lambert (1991), 101 N.S.R. (2d) 143; 275 A.P.R. 143 and Gaul v. Pitts Insurance Co., [1977] N.S.J. No. 671 (SC TD)
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.