SUPREME COURT OF NOVA SCOTIA
Citation: Watkins v. Hines, 2010 NSSC 241
Date: 20100504
Docket: Hfx No. 272509
Registry: Halifax
Between:
Peter Watkins, of Porter’s Lake, Nova Scotia
Plaintiff
v.
Peter Hines, of West Chezzetcook, Nova Scotia
Defendant
LIBRARY HEADING
Judge: The Honourable Justice M. Heather Robertson
Heard: May 4, 2010, in Halifax, Nova Scotia
Decision: May 4, 2010 (Orally)
Written Release: June 23, 2010
Subject: Stay Application in setting trial dates for a non test cap case - s. 113B of the Insurance Act, R.S.N.S. 1989, c. 231, as amended, and the Automobile Insurance Tort Recovery Limitation Regulations, N.S. Reg. 182/2003 - definition of minor injury challenge on constitutional issues to S.C.C.
Summary: Stay granted by Coady, J. until decision NSCA rendered .
Issue: Further stay requested until test cases dealt with on leave to SCC.
Result: Stay granted in interests of procedural fairness and efficiency. Prejudice to defendant not greater than prejudice to plaintiff - by delay in granting trial dates.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.