Arb Recycling v. Halifax (County)
The appeal was dismissed because the appellant failed to file the required Appeal Book and Factum and did not appear for the hearing; given the circumstances the court exercised its discretion to award costs of $500 to the respondent.
Source-derived case information.
- Citation
- 1996 NSCA 20
- Parties
- Appellant: ARB RECYCLING; Respondent: MUNICIPALITY OF THE COUNTY OF HALIFAX
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 January 1996
- Procedural Posture
- Appeal / Court of Appeal Judgment — Appeal Dismissed for Failure to Perfect and Non‑appearance
- Outcome
- Appeal dismissed
- Legal Topics
- Failure to Perfect Appeal, Dismissal for Non‑appearance, Award of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ARB RECYCLING
Appellant
MUNICIPALITY OF THE COUNTY OF HALIFAX
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment — Appeal Dismissed for Failure to Perfect and Non‑appearance
Legal Issues
- 1 Whether the appeal should be dismissed for failure to file required documents (Appeal Book and Factum) and for non‑appearance
- 2 Whether an award of costs is appropriate given respondent's attendance and wasted appearances
Ratio Decidendi
The appeal was dismissed because the appellant failed to file the required Appeal Book and Factum and did not appear for the hearing; given the circumstances the court exercised its discretion to award costs of $500 to the respondent.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondent in the amount of $500
Full Case Text
Judgment text and source record
1 paragraphs
Arb Recycling v. Halifax (County) Court Court of Appeal Date 1996-01-30 Citation 1996 NSCA 20 Docket CA 114549 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Chipman, David (Honourable Justice); Hallett, J. Doane (Honourable Justice) (CA) Document Type Decision Decision Content C.A. No. 114549 NOVA SCOTIA COURT OF APPEAL Cite as: Arb Recycling v. Halifax (County) , 1996 NSCA 20 Hallett, Chipman and Freeman BETWEEN: ARB RECYCLING ) Appellant did not appear ) Appellant ) ) - and - ) ) Daniel W. Ingersoll ) for the Respondent HALIFAX COUNTY MUNICIPALITY ) ) Respondent ) Appeal Heard: ) January 30th, 1996 ) ) ) Judgment Delivered: ) January 30th, 1996 ) ) ) ) ) ) ) ) THE COURT: Appeal dismissed. The reasons for judgment of the Court are: We are of the unanimous opinion that the appeal should be dismissed for the reasons set forth in the recitals to the Order being signed this date, a copy of which is attached hereto as Schedule "A". We are also of the opinion that, given the circumstances, the respondent should have costs in the amount of $500. Hallett, J.A. Chipman, J.A. Freeman, J.A. SCHEDULE "A" C.A. No. 114549 NOVA SCOTIA COURT OF APPEAL BETWEEN: ARB RECYCLING Appellant - and - MUNICIPALITY OF THE COUNTY OF HALIFAX Respondent ORDER FOR JUDGMENT WHEREAS the appellant did not perfect the appeal, having failed to both file an Appeal Book and a Factum; AND WHEREAS the appellant did not appear on the time and on the date set for hearing of the appeal; AND WHEREAS Daniel Ingersoll, counsel for the respondent, appeared and moved for the dismissal of the appeal; AND WHEREAS the respondent's counsel was required to appear before Judges of this Court sitting in Chambers on two separate applications by the appellant to have the appeal adjourned; both applications were dismissed; AND WHEREAS counsel for the respondent was required to appear in this Court for the hearing of the appeal; IT IS ORDERED THAT that the appeal is dismissed with costs to the respondent in the amount of $500. DATED at Halifax, Nova Scotia, this 30th day of January, 1996. ___________________ Registrar C.A. No. 114549 NOVA SCOTIA COURT OF APPEAL BETWEEN: ARB RECYCLING ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: HALIFAX COUNTY MUNICIPALITY ) ) HALLETT, J.A. ) (orally) Respondent ) ) ) ) ) ) )