Supreme Court

Decision Information

Decision Content

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.

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.