Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

                             Citation:  Rankin v.  Schoner, 2004 NSSC 97

 

                                                                                                     Date: 20040430

                                                                                                         Docket: 0333

                                                                                     Registry: Port Hawkesbury

 

Between:

                                                    Brenda Rankin

                                                                                               Applicant/Defendant

                                                             v.

 

                                                   Werner Schoner

                                                                                               Respondent/Plaintiff

 

Addendum            The text of the original decision has been corrected according to the attached Addendum (April 30, 2004)

 

Judge:                   Before the Honourable Justice Simon J. MacDonald 

 

Heard:                  February 5, 2004, in Port Hawkesbury, Nova Scotia

 

Counsel:               W. Augustus Richardson, for the Applicant    

Hugh MacIsaac, for the Respondent                        


MacDonald, J.:

 

1.                  This matter involved an application for security for costs made by the Applicant/Defendant against the Respondent/Plaintiff.  In an oral decision given after the hearing in the above matter on February 5, 2004 the Court granted the Applicant/Defendant's application with costs.

 

2.                  Part of the decision prevented the Respondent/ Plaintiff from proceeding any further in the action to a Date Assignment Conference or to trial until the security costs were paid.

 

3.                  Counsel have requested the Court to clarify it's position as to whether or not it was preventing the Applicant/Defendant from making an application at any time in the future while the security for  costs remained unpaid to have the Plaintiff/Respondent's action dismissed for failure to post said security.

 


4.                  The Court has advised counsel for both parties and is confirming same by incorporating this addendum to it's decision that either party is at liberty at any time to make an application for failure of the other side to proceed in a proper manner. My ruling applies only to this application.  In other words, if the Applicant/Defendant thinks it appropriate, it may make an application to strike the Respondent/Plaintiff's claim for ongoing delay after a failure on his part to post the said security.   Such an application would be determined by the Court hearing the application when and if said application is made.

 

J.

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