Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Roué v. Nova Scotia, 2013 NSSC 45

 

Date: 20130206

Docket: Hfx No. 407754

Registry: Halifax

 

Between:

Joan Elizabeth Roué and Lawrence James Roué

Applicants

v.

 

Her Majesty the Queen in Right of the Province of Nova Scotia,

Lengkeek Vessel Engineering Inc.,

Lunenburg County Shipwrights Incorporated, carrying on business as

Covey Island Boatworks, Lunenburg Foundry & Engineering

Incorporated, Lunenburg Shipyard Alliance Limited, MHPM Project

Managers Incorporated, and Snyders Shipyard Limited

 

Respondents

 

LIBRARY HEADING

 

Judge:                            The Honourable Justice Peter P. Rosinski

 

Heard:                            January 17, 2013, in Halifax, Nova Scotia

 

Subject:                          Motions to Convert Application in Court to an Action - CPR 6.02; to strike a claim for relief and substantive claims as being clearly unsustainable pleadings - summary judgment on pleadings - CPR 13.03; and motion for particulars - CPR 38.10

 

Summary:                      As owner of the Bluenose II, the Province and other Respondents undertook a restoration thereof, which the Applicants claim infringes their copyright and moral rights in the copyright.  The Respondents challenge the Applicants choice of mode of proceeding by way of Application in Court, and the pleadings contained therein as unsustainable.  Alternatively, the Respondents claim that particulars should be ordered.


 

Issue:                    (1)     Should the Application be converted to an Action?

 

(2)     Should the challenged pleadings be struck out?

 

(3)     Should the court order that the Applicants provide particulars?

 

Result:                            Each of the Respondents Motion are dismissed.  Application in Court with the existing pleadings will proceed to a Motion for Directions.

 

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