Renick v. Steeves

Renick v. Steeves

The Attorney General, having been served with notice of a constitutional question, has standing to seek case management of the constitutional issues; the court has authority under the Civil Procedure Rules and its inherent jurisdiction to order case management; accordingly the constitutional issues are ordered to be case managed by the judge appointed in the Hartling test case, and a complete stay is declined but a 90‑day moratorium is imposed during which no steps shall be taken to set the constitutional issues for trial so that case management of the test case can proceed and commonality can be assessed.

Citation
2007 NSSC 359
Parties
Plaintiffs: John Renick and Tracie Renick; Defendants: Brian Steeves and Atlantic Rentals Ltd.; Applicant/intervenor: Attorney General of Nova Scotia
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 October 2007
Procedural Posture
Civil Tort Action With Constitutional Challenge to Statutory Insurance Limits / Pre Trial Motion (case Management and Stay Application)
Outcome
Case management of the constitutional issues ordered; full stay denied; 90‑day prohibition on taking steps to set constitutional issues for trial imposed.
Legal Topics
Constitutional Validity of Insurance Act Cap Provisions, Case Management, Stay of Proceedings, Standing
Source Language
English
Constitutional Law Civil Procedure Tort Law Insurance Law Constitutional Validity of Insurance Act Cap Provisions Case Management Stay of Proceedings Standing

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Parties

John Renick and Tracie Renick

Plaintiffs

Brian Steeves and Atlantic Rentals Ltd.

Defendants

Attorney General of Nova Scotia

Applicant/intervenor

Procedural Posture

Civil Tort Action With Constitutional Challenge to Statutory Insurance Limits / Pre Trial Motion (case Management and Stay Application)

Legal Issues

  1. 1 Whether the Attorney General has standing to apply for case management and a stay of constitutional issues
  2. 2 Whether the court has authority to order case management of constitutional issues and to stay adjudication pending a test case
  3. 3 Whether the constitutional issues in this action should be stayed or managed in conjunction with a designated test case (Hartling)

Ratio Decidendi

The Attorney General, having been served with notice of a constitutional question, has standing to seek case management of the constitutional issues; the court has authority under the Civil Procedure Rules and its inherent jurisdiction to order case management; accordingly the constitutional issues are ordered to be case managed by the judge appointed in the Hartling test case, and a complete stay is declined but a 90‑day moratorium is imposed during which no steps shall be taken to set the constitutional issues for trial so that case management of the test case can proceed and commonality can be assessed.

Court Disposition

Case management of the constitutional issues ordered; full stay denied; 90‑day prohibition on taking steps to set constitutional issues for trial imposed.

Orders

  • Constitutional issues in this case shall be case managed by the judge appointed under the order of The Honourable Justice Goodfellow in the Hartling case
  • No steps shall be taken during 90 days following October 16, 2007 to set the constitutional issues in this case for trial