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 Court’s directions by a date certain.
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