SUPREME COURT OF NOVA SCOTIA
Citation: Tanner v. Lunenburg (Town), 2012 NSSC 424
Date: 20121128
Docket: Bwt No. 406078
Registry: Bridgewater
Between:
Bernard Calvin Tanner
Appellant
v.
Town of Lunenburg
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Peter P. Rosinski
Heard: November 27, 2012, in Bridgewater, Nova Scotia
Written Decision: December 6, 2012
(Oral decision rendered on November 28, 2012)
Subject: Small Claims Appeal - s. 32, Small Claims Court Act.
Summary: Mr. Tanner=s claim against the Town was based on alleged misconduct by Town agents/employees who damaged several caskets and vaults of his family members in the public cemetery. The Town pleaded s. 512 of the Municipal Government Act (12-month limitation period) as one of its defences. Town counsel also wrote in a letter to the Prothonotary filing its defence, to request that the Adjudicator consider deciding the limitation period issue to avoid Mr. Tanner needlessly travelling from Alberta for the hearing. The Adjudicator decided without further submissions, hearing evidence or even giving the parties those opportunities, that the limitation period was a complete defence and dismissed the claim before the hearing.
Issue: If the appeal is granted, should this Court decide the limitation period issue having heard submissions on the matter?
Result: Appeal allowed - it would not be appropriate in these circumstances for this Court to decide the limitation period issue. Case remitted back to Small Claims Court for hearing before another adjudicator.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.