Begg v. Halifax (County)
Leave to appeal was refused because the appellant had already obtained the relief sought from the Chambers judge, advanced no valid new grounds of appeal, and there was no basis to overturn the discretionary decision of the Chambers judge.
Source-derived case information.
- Citation
- 1997 NSCA 121
- Parties
- Appellant: Aylmer R. Begg; Respondent: Municipality of the City of Halifax; Respondent: Halifax Industrial Commission; Respondent: J. Michael Hanusiak
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 3 June 1997
- Procedural Posture
- Application for Leave to Appeal (interlocutory Civil Matter) / Leave to Appeal Refused by Court of Appeal
- Outcome
- Leave to appeal refused.
- Legal Topics
- Leave to Appeal, Interlocutory Order, Postponement of Discovery, Discretion of Chambers Judge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Aylmer R. Begg
Appellant
Municipality of the City of Halifax
Respondent
Halifax Industrial Commission
Respondent
J. Michael Hanusiak
Respondent
Procedural Posture
Application for Leave to Appeal (interlocutory Civil Matter) / Leave to Appeal Refused by Court of Appeal
Legal Issues
- 1 Whether leave to appeal should be granted from an interlocutory order postponing discovery
- 2 Whether the appellant relied on grounds not advanced before the Chambers judge
- 3 Whether there was a valid basis to overturn a discretionary decision of the Chambers judge
Ratio Decidendi
Leave to appeal was refused because the appellant had already obtained the relief sought from the Chambers judge, advanced no valid new grounds of appeal, and there was no basis to overturn the discretionary decision of the Chambers judge.
Court Disposition
Leave to appeal refused.
Orders
- Leave to appeal refused with costs in the amount of $250.00, plus disbursements to be taxed, payable forthwith.
Full Case Text
Judgment text and source record
1 paragraphs
Begg v. Halifax (County) Court Court of Appeal Date 1997-06-03 Citation 1997 NSCA 121 Docket CA 137007 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Pugsley, Ronald N. (Honourable Justice); Chipman, David (Honourable Justice) Document Type Decision Decision Content Date: 19970603 Docket: CA 137007 NOVA SCOTIA COURT OF APPEAL Cite as: Begg v. Halifax (County), 1997 NSAC 121 Chipman, Freeman and Pugsley, JJ.A. BETWEEN: ) ) AYLMER R. BEGG, businessman, ) The Appellant carrying on business under the name ) appeared in person and style of ARB RECYCLING ) ) Appellant ) ) - and - ) ) THE MUNICIPALITY OF THE CITY OF ) John D. MacIsaac, Q.C. HALIFAX, THE HALIFAX INDUSTRIAL ) for the Respondents COMMISSION, a body corporate, and ) J. MICHAEL HANUSIAK ) ) Respondents ) ) ) ) Appeal Heard: ) June 3, 1997 ) ) ) Judgment Delivered: ) June 3, 1997 THE COURT: Leave to appeal is refused with costs in the amount of $250.00, plus disbursements to be taxed as per oral reasons for judgment of Chipman, J.A.; Freeman and Pugsley, JJ.A., concurring. The reasons for judgment of the Court were delivered orally by: CHIPMAN, J.A.: [1] This is an application for leave to appeal from an interlocutory order of Nunn, J. in Chambers whereby he granted the appellant's request to postpone the date of his discovery examination to April 9, 1997 - a date which was agreeable to the appellant. [2] The appellant now seeks a further postponement, citing reasons not advanced by him before Nunn, J. The appellant has already obtained from Nunn, J. the relief he sought. No valid basis for an appeal exists, and leave to appeal the discretionary decision of the Chambers judge is refused with costs which we fix at $250.00, plus disbursements to be taxed, payable forthwith. Chipman, J.A. Concurred in: Freeman, J.A. Pugsley, J.A.