2002NSSC034
S.Y. No: 6554
IN THE SUPREME COURT OF NOVA SCOTIA
Cite as Clive Estate v. Rizzi, 2002 NSSC 34
BETWEEN
ESTATE OF JOSEPH WALTER CLIVE
APPELLANT
- and -
LOIS RIZZI
RESPONDENT
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LIBRARY SHEET
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HEARD: Before the Honourable Justice Charles E. Haliburton
at Yarmouth, Nova Scotia, on January 17, 2002
DECISION: The 4th day of February, A.D. 2002
SUBJECT: Small Claims Court Procedural Irregularities; Interpretation of Statute Section 21 (1)(a), 21 (2)
SUMMARY: Date for hearing was assigned to this case when the claim was filed. The clerk advanced the date when the defence was filed.
There is no authority in the statute for a change of date by the clerk once assigned by the clerk.
RESULT: The hearing on the new date was a nullity.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT FROM THIS COVER SHEET.