SUPREME COURT OF NOVA SCOTIA
Citation: Taylor v. Dairy Farmers of Nova Scotia, 2009 NSSC 232
Date: 20090729
Docket: ST. 314398
Registry: Truro
Between:
Paul Taylor and Doug Bacon
Plaintiff
- and -
Dairy Farmers of Nova Scotia
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: July 29, 2009 in Halifax, Nova Scotia
Written Release
of Oral Decision: July 30, 2009
Subject: Interim injunction; ex parte motion
Summary: The applicants allege that regulations made by the dairy industry regulator are ultra vires and that their coming into force in a few days time would substantially devalue their quota. They moved for an interim injunction by ex parte motion. A preliminary issue was determined.
Issue: Whether the motion should be heard ex parte?
Result: Motion dismissed. Urgency is not a sufficient ground for an ex parte determination. The examples in Rule 22.03(2) illustrate the restrictions on circumstances in which a motion can be brought under Rule 41.05. Rule 22.03(2)(d) is especially instructive in this case.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.