Supreme Court

Decision Information

Decision Content

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 plaintiffs 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.

 

 

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