IN THE SUPREME COURT OF NOVA SCOTIA
Citation: National Bank of Canada v. Weir, 2009 NSSC 287
Date: 2009/09/22
Docket: Hfx No. 307548
Registry: Halifax
Between:
NATIONAL BANK OF CANADA
Plaintiff
v.
LOWELL R. WEIR
Defendant
LIBRARY HEADING
Judge: The Honourable Justice David MacAdam
Heard: September 22, 2009, in Halifax, Nova Scotia
Written Release of
Oral Decision: September 28, 2009
Subject: Civil Procedure – contempt of court – notice
Issue: Was the defendant entitled to notice of the motion for permission to bring a contempt motion.
Summary: In a proceeding relating to the solicitation of proxies from shareholders of the plaintiff, the plaintiff obtained an order restraining the defendant from communicating with shareholders to solicit the exercise or non-exercise of proxy votes. The plaintiff alleged that the defendant breached the order, and brought a motion ex parte, pursuant to Rule 89.04, seeking permission to bring a motion for contempt.
Result: While the predecessor rule under the Civil Procedure Rules (1972) expressly permitted the leave application to be made ex parte, the current rule did not expressly provide for the initial motion to be made ex parte, nor did it require notice. However, the situation was not one in which an ex parte motion was contemplated under Rule 22.03(1). The “interests of another person” are affected at all stages of a contempt motion, not only on the final determination. The defendant was entitled to notice.
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