Supreme Court

Decision Information

Decision Content

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.

 

 

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