SUPREME COURT OF NOVA SCOTIA
Citation: MacNeil v. Nova Scotia (Attorney General), 2010 NSSC 138
Date: 20100406
Docket: Hfx. No. 267469
Registry: Halifax
Between:
Wilfred MacNeil
Plaintiff/Applicant
v.
The Attorney General of Nova Scotia representing Her Majesty
the Queen in right of the Province of Nova Scotia, the
Nova Scotia Teachers Union and the Strait Regional School Board
Defendants/Respondents
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: April 6, 2010 in Halifax, Nova Scotia
Written Decision: April 16, 2010 (Written release of oral decision of April 6, 2010)
Subject: Presumption re document disclosure (R 14.08); timing of summary judgment motion (R 13.04(6).
Summary: Plaintiff seeks production of certain documents from defendants before summary judgment motion is heard.
Issue: Must this disclosure be made before summary judgment motion is heard?
Result: Summary judgment motion can be made before requested documents are provided; not inconsistent with R. 14.08 presumption. In the event presumption must be rebutted, defendants have done so.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.