Elliott v. G.N. Reagh & Sons Ltd.

Elliott v. G.N. Reagh & Sons Ltd. Court Court of Appeal Date 1994-11-18 Citation 1994 NSCA 221 Docket CA 106413 Judge/Registrar/Adjudicator Matthews, Kenneth M., (Honourable Justice); Pugsley, Ronald N. (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA) Document Type Decision Decision Content C.A. No. 106413 NOVA SCOTIA COURT OF APPEAL Cite as: Elliott v. G.N. Reagh & Sons Ltd., 1994 NSCA 221 Matthews, Roscoe and Pugsley, JJ.A. BETWEEN: ALAN ELLIOTT, and Alan Elliott for all ) the appellant appeared partners of KWELL FARM MACHINERY ) in person SYNDICATE, a discontinued partnership, ) and Alan Elliott for OGI CHAOS ) Bruce Gillis, Q.C. OPERATIONS LIMITED, a body corporate with ) for the respondents a head office at Spa Springs, Annapolis County ) Nova Scotia ) ) Appeal Heard: Appellant ) November 18, 1994 ) - and - ) ) Judgment Delivered: ) November 18, 1994 G.N. REAGH & SONS LIMITED, a body ) corporate, with a head office at Middleton, ) Annapolis County, Nova Scotia, and JOHN ) DEERE LIMITED, a body corporate with an ) office at Grimsby, Ontario and Bruce Gillis ) LL.B., and GEORGE REAGH, and JOHN ) REAGH, and FRED COLEMAN, and BOB ) ATKINSON, and LLOYD CRAWFORD and ) P & A FARM & GARDEN SERVICES ) LIMITED, a body corporate ) ) ) Respondents ) ) ) ) ) ) ) ) ) ) THE COURT: Leave to appeal allowed but the appeal is dismissed with costs to the respondent Gillis in the amount of $300.00 with disbursements per oral reasons for judgment of Matthews, J.A.; Roscoe and Pugsley, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: MATTHEWS, J.A.: The appellant commenced an action on May 24, 1994 against the several defendants including Bruce Gillis. The statement of claim was amended June 7, 1994. The respondent, Gillis, on June 14, 1994, by interlocutory notice applied to have the action against him struck out on the ground that it disclosed no cause of action: Civil Procedure Rule 14.25. Mr. Justice Richard, in chambers, granted the application. The appellant now appeals from the granted interlocutory order. We have considered the material filed and heard argument by Mr. Elliott on behalf of the appellants and Mr. Gillis on his own behalf. It is our unanimous opinion that the chambers judge did not err in the conclusion reached. While we allow leave to appeal we dismiss the appeal with costs to the respondent, Gillis, in the amount of $300.00 together with disbursments. J.A. Concurred in: Roscoe, J.A. Pugsley, J.A. C.A. No. 106413 NOVA SCOTIA COURT OF APPEAL BETWEEN: ALAN ELLIOTT ET AL ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: G.N. REAGH & SONS LIMITED ET ) AL ) ) MATTHEWS, ) J.A. Respondents ) ) ) ) ) ) )