Supreme Court of Nova Scotia
Citation: CIBC Life Insurance Company v. Hupman, 2016 NSSC 120
Date: 20160505
Docket: Hfx No. 446408
Registry: Halifax
Between:
CIBC Life Insurance Company Limited
Appellant
v.
Bette Hupman
Respondent
Library Heading
|
Judge: |
The Honourable Justice Suzanne M. Hood |
|
Heard: |
April 15, 2016, in Halifax, Nova Scotia |
|
Oral Decision: |
April 15, 2016 |
|
Written Release of Oral Decision:
|
May 5, 2016 |
|
Subject: |
Small Claims Court; jurisdiction to reconsider default judgment; breach of natural justice. |
|
Summary: |
Adjudicator did not reconsider a decision where there was a hearing but no defence was filed and no defendant appeared. |
|
Issues: |
Is it a breach of natural justice to have no power to reconsider in such a case when there is such power 1) where there is a hearing and 2) where a defence is filed but the defendant does not attend the hearing. |
|
Result: |
Matter remitted for new hearing. There was an arguable defence, a reasonable excuse for the default and no evidence of prejudice to the claimant. It was a breach of natural justice not to consider when there is such a power in s.23(1) and s.23(3) of the Small Claims Court Act. Kemp v. Prescesky, 2006 NSSC 122, applied. |
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.