IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Scotia Recovery Services v. Dimensionally Specialized Carriers Inc, 2008 NSSC 210
Date: 20080627
Docket: S.H. No. 264653A
Registry: Halifax
Between: Scotia Recovery Services
Appellant
v.
Dimensionally Specialized Carriers Inc.
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Gerald R P Moir
Heard: 26 May 2008 in Halifax
Subjects: Small Claims appeal; conversion and ownership; delayed report
Summary: Corporation that claimed ownership of truck repossessed it. Adjudicator found its agent liable for conversion and dismissed claim to ownership as irrelevant. This court delayed for nearly a year notifying the adjudicator of appeal. Adjudicator delayed another year preparing a report.
Issues: (1) Whether ownership irrelevant?
(2) Whether order should be set aside because of delay filing report?
Result: (1) In a case in which there is no question of a bailment on terms, it is necessary to determine which party has the immediate right to possession;
(2) The failure of the prothonotary to send the notice of appeal, as required by Regulation 22, and the failure of the adjudicator to file a report before the deadline in s. 32(4) do not automatically terminate jurisdiction. However, when delay is so long that parties and public lose confidence in the report as a limited substitute for a record, there is a breach of the duty of fairness. Order set aside. Rehearing is necessary.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.