SUPREME COURT OF Nova Scotia
Citation: Cormier v. Nova Scotia, 2015 NSSC 352
Date: 2015-12-04
Docket: Port Hawkesbury, SPH No. 444422
Registry: Halifax
Between:
Adam Joseph Roger Cormier
Plaintiff
v.
Her Majesty the Queen in the Right of the Province of Nova Scotia as Represented by the Royal Canadian Mounted Police, The Crown, Legal Aid, Probation officers and Honourable Provincial Court Judges
Defendants
Library Heading
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Judge: |
The Honourable Justice James L. Chipman |
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Heard: |
December 4, 2015, in Port Hawkesbury, Nova Scotia |
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Subject: |
Civil Procedure Rules 13.03 and 13.04, “Anti-suit” injunction and judicial immunity |
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Summary: |
The Defendants, Honourable Provincial Court Judges made a motion to strike the Plaintiff’s action against them and for an “anti-suit” injunction to prevent any further lawsuit by the Plaintiff without leave of the Court. |
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Issues: |
1. Judicial immunity; 2. summary judgement; and 3. abuse of process.
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Result: |
The Court found the Honourable Provincial Court Judges were acting in their judicial capacity and therefore had judicial immunity. Summary judgment granted. The Court also found there was an abuse of process such that the anti-suit injunction was granted. |
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