IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Morrison Estate v. Nova Scotia (Health), 2009 NSSC 198
Date: 20090626
Docket: Hfx. No. 230887
Registry: Halifax
Between:
The Estate of Elmer Stanislaus Morrison, By His Executor or Representative Joan Marie Morrison, Joan Marie Morrison, John Kin Hung Lee, By His Legal Guardian Elizabeth Lee and Elizabeth Lee
Plaintiffs/Respondents
and
The Attorney General of Nova Scotia, representing Her Majesty the Queen in right of the Province of Nova Scotia, (Department of Health), The Minister of Health for the Province of Nova Scotia at the relevant time and the Executive Director of Continuing Care for the Province of Nova Scotia
Defendants/Applicants
LIBRARY HEADING
Judge: The Honourable Justice David MacAdam
Heard: June 24, 2009, in Halifax, Nova Scotia
Written Decision: June 26, 2009
Subject: Civil Practice and Procedure – Class Proceedings – Pre-certification Applications.
Summary: The defendants seek further and better particulars from the plaintiffs, of their claims against the defendants, prior to the certification hearing. The plaintiffs respond that the certification hearing is procedural only. The Application of the defendants should be stayed until it is determined whether the plaintiff’s Application for certification is granted.
Result: The Application by the defendants is stayed. Unless the Application would dispose of the proceeding, party or parties, or an issue or issues, it is more appropriately made following a determination whether certification is granted.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.