IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Ofume v. CIBC Mortgages Inc., 2004 NSSC 266
Date: 20040721
Docket: S.H. 222298A
Registry: Halifax
Between:
Dr. Phillip Ofume
Applicant
v.
CIBC Mortgages Inc., a body corporate
Respondent
D E C I S I O N
Judge: The Honourable Justice Walter R. E. Goodfellow
Heard: July 21, 2004, (in Chambers ) at Halifax, Nova Scotia
Written Decision: August 4, 2004
Counsel: Dr. Phillip Ofume, Personally, for the Applicant
Wayne J. Francis, for the Respondent
By the Court: (Orally)
[1] Mr. Ofume, there are occasions when this court has the ability to change an Order of a fellow justice. Obvious examples are matters of custody and access. There is also a slip rule if there is a mistake in an Order. But where an Order has been granted and as staff correctly told you, any remedy you have is one of Appeal and I cannot change an Order and the Orders I made today are subject to a very limited possible inherent jurisdiction. The several Orders that you have seen me sign today, the only way they can change them is go to the Appeal Court and you have been told that.
[2] Of necessity, I find no basis in which to vary the Order of Justice Warner.
COSTS
[3] Costs in the amount of $200.00 payable forthwith and I will wait for the Order.
J.