Supreme Court of Nova Scotia
Citation: Northeast Equipment Ltd. v. 3238633 Nova Scotia Ltd, 2016 NSSC 346
Date: 20160912
Docket: Hfx No. 437820
Registry: Halifax
Between:
Northeast Equipment Limited
Applicant
v.
3238633 Nova Scotia Limited (formerly known as “G.A, Turner Plumbing & Heating Limited”), 1109082 Nova Scotia Limited (formerly known as “Greg Turner Plumbing and Heating Limited”), Gregory A. Turner, Bernice Turner, Brenda Turner Schroder, and Leanne Turner Wells
Respondents
Library Heading
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Judge: |
The Honourable Justice Patrick J. Murray |
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Written Decision: |
September 12, 2016 |
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Subject: |
Motion to Dismiss |
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Summary: |
The Respondents filed a motion to have Northeast’s Application in Court dismissed on the sole ground of want of prosecution. |
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Result: |
Twice hearing dates were set and directions given. On each occasion there was a default by the Applicant of the directions given. Court found the inaction of the Applicant amounted to an abuse of the Court’s process. As a result, the Application filed by Northeast Equipment Ltd. was dismissed with costs. |
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Cases/Rules cited: |
Milburn Growth Works Canadian Fund Ltd., 2011 NSSC 346; Giffin v. Soontiens, 2012 NSSC 354; Toronto City v. Canadian Union of Public Employees, 2003 SCC 63; Ocean v. Economical Mutual Insurance Company, 2013 NSSC 14; Bridges v. Dominion Canada, 2012 NSSC 169. Civil Procedure Rules Rule 39.06(2);1.01;13.04; 5.15; 5.19; 5.21; 88.02; 23.11; 13.01(1); 23.12(1); 39.08; 39.08(2)(b); 22.15(2)(c); 5.11; 5.13; 5; 88; 6.02(5)(a); 5.13(2)(n); 88.01(2); 88.02; and 5.21. |
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