SUPREME COURT OF Nova Scotia
Citation: Reed v. Iran ( Islamic Republic of) , 2015 NSSC 226
Date: 2015-07-27
Docket: Hfx No. 422558
Registry: Halifax
Between:
Tarek A. Reed
Plaintiff
v.
The Islamic Republic of Iran
Defendant
Library Heading
|
Judge: |
The Honourable Justice Peter P. Rosinski |
|
Heard: |
July 16, 2015, in Halifax, Nova Scotia |
|
Oral Decision |
July 27, 2015, in Halifax, Nova Scotia |
|
Written Release of Decision: |
July 29, 2015, in Halifax, Nova Scotia [Edited for grammar, punctuation and readability]
|
|
Subject: |
Motion for Directions by Sheriff pursuant to Execution Order – Civil Procedure Rule 79 |
|
Summary: |
Reed obtained reciprocal enforcement of a judgment in the United States. Pursuant to a consequent Execution Order, he requested the Sheriff to seize shares of a Canadian private corporation in which Iran purportedly had an interest, and which were physically located at the offices of a Halifax law firm. The Sheriff was resistant to doing so, and made a motion to the Court for “guidance/authorization of the Court as to what assets in which the judgment debtor has an interest in the jurisdiction of Nova Scotia are legally subject to seizure”. |
|
Issues: |
Was this a proper request for “directions” as set out in the Execution Order and Rule 79.16? |
|
Result: |
Whether characterized as not being a proper “Motion for Directions” or as an anomalous request for declaratory relief, the Court declined to give the Sheriff the requested assistance. |
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.