Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Rogier, 2013 NSSC 440

Date: 20131002

Docket: Hfx 405502

Registry: Halifax

Between:

Francesca Rogier

Appellant

v.

 

Her Majesty the Queen

Respondent

 

LIBRARY HEADING

 

Judge:                            The Honourable Justice Peter P. Rosinski

 

Heard:                            October 1 & 2, 2013 in Halifax, Nova Scotia

 

Oral Decision:                October 2, 2013

 

Written Decision: February 27, 2014

 

Subject:      Appeal of conviction for breach of Halifax Municipal By-Law respecting dogs motion to dismiss appeal for non-compliance with CPR 63.09 respecting filing deadlines / directions.

 

Summary:   Rogier was convicted for her dog Brindi running at large contrary to the Municipal By-Law.  She appealed but was very tardy in meeting deadlines.  Consequently the Municipality sought to have her appeal dismissed for such failures to meet deadlines and adhere to directions from the Court.

 

Issue: What is the proper test to determine such issue under CPR 63.09?  Should the appeal be dismissed?  

 

Result:        The test is the same as under CPR 90.43(a).  The appeal was conditionally dismissed unless the Appellant satisfied the Courts directions by a date certain.          

 

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