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 Snyder’s 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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