Supreme Court

Decision Information

Decision Content

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.

 

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