SUPREME COURT OF NOVA SCOTIA
Citation: Morrison Estate v. Nova Scotia (Attorney General), 2010 NSSC 196
Date: 20100520
Docket: Hfx No. 230887
Registry: Halifax
Between:
The Estate of Elmer Stanislaus Morrison, By his Executor or Representative Joan Marie Morrison, Joan Marie Morrison, John Kin Hung Lee, By His Legal Guardian Elizabeth Lee and Elizabeth Lee
Plaintiffs
v.
The Attorney General of Nova Scotia, representing Her Majesty the Queen in right of the Province of Nova Scotia, (Department of Health), The Minister of Health for the province of Nova Scotia, and the Executive Director of Continuing Care for the Province of Nova Scotia
Defendants
LIBRARY HEADING
Judge: The Honourable Justice A. David MacAdam
Heard: January 20th and April 12th, 2010 in Halifax, Nova Scotia
Subject: Class Proceedings Act; class proceeding certification hearing; criteria for certification of class proceeding.
Summary: The plaintiffs sought certification of a class proceeding. The proposed class proceeding was on behalf of individuals allegedly affected adversely by a provincial government nursing home policy
Issues: (1) Whether the proceeding should be certified as a class proceeding pursuant to section 7 of the Class Proceedings Act and (2) interpretation of s.7(1)(a) of the Act.
Argument: The only live issue was whether s.7(1)(a) of the Class Proceedings Act, which requires that “the pleadings disclose or the notice of application discloses a cause of action,” is satisfied by showing that the pleadings disclose a single cause of action, or whether the court must consider every cause of action pleaded and decide which are disclosed.
Result: The relief sought on a certification hearing is a decision as to whether the proceeding should be certified as a class proceeding. The plaintiffs are not seeking, and are not required by the Act to seek, a determination of whether every cause of action pleaded is sustainable. It remains open to a defendant to pursue a motion to strike. In this case, the pleadings disclosed a cause of action, and certification was ordered.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.