Brett Pontiac Buick GMC Ltd. v. Halifax County Condominium Corporation # 151
The appeal was dismissed because the Court was not satisfied that the Chambers judge applied any wrong principles of law or that the order resulted in patent injustice, and costs were properly awarded to the respondent.
Source-derived case information.
- Citation
- 2001 NSCA 94
- Parties
- Appellant: Brett Pontiac Buick GMC Limited; Appellant: Granbury Developments Limited; Respondent: Halifax County Condominium Corporation #151; Respondent: Bradshaw-Woodworth Roofing and Sheet Metal Limited; Respondent: Sulya Masonry Contractors (1981) Limited
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 6 June 2001
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Appellate Review, Patent Injustice, Judicial Discretion on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brett Pontiac Buick GMC Limited
Appellant
Granbury Developments Limited
Appellant
Halifax County Condominium Corporation #151
Respondent
Bradshaw-Woodworth Roofing and Sheet Metal Limited
Respondent
Sulya Masonry Contractors (1981) Limited
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the Chambers judge applied wrong principles of law
- 2 Whether the Chambers judge's order resulted in patent injustice
- 3 Whether costs should be awarded to the respondent
Ratio Decidendi
The appeal was dismissed because the Court was not satisfied that the Chambers judge applied any wrong principles of law or that the order resulted in patent injustice, and costs were properly awarded to the respondent.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded to the respondent in the amount of $750.00, including disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Brett Pontiac Buick GMC Ltd. v. Halifax County Condominium Corporation # 151 Court Court of Appeal Date 2001-06-06 Citation 2001 NSCA 94 Docket CA 169786 Judge/Registrar/Adjudicator Glube, Constance R. (Honourable Chief Justice) (CA); Flinn, Edward J. (Honourable Justice) Document Type Decision Decision Content Date: 20010606 Docket: C.A. 169786 NOVA SCOTIA COURT OF APPEAL Cite as: Brett Pontiac Buick GMC Ltd. v. Halifax County Condominium Corporation # 151, 2001 NSCA 94 Glube, C.J.N.S.; Roscoe and Flinn, JJ.A. BETWEEN: BRETT PONTIAC BUICK GMC LIMITED, and GRANBURY DEVELOPMENTS LIMITED, both bodies corporate Appellants - and - HALIFAX COUNTY CONDOMINIUM CORPORATION #151, a body corporate, BRADSHAW-WOODWORTH ROOFING AND SHEET METAL LIMITED, SULYA MASONRY CONTRACTORS (1981) LIMITED Respondents REASONS FOR JUDGMENT Counsel: Blair H. Mitchell for the appellant Robert L. Barnes, Q.C. for the respondent, Sulya Masonry Contractors (1981) Limited Appeal Heard: June 6, 2001 Judgment Delivered: June 6, 2001 THE COURT: Appeal dismissed with costs to the respondent, including disbursements, per oral reasons for judgment of Glube, C.J.N.S.; Roscoe and Flinn, JJ.A. concurring. GLUBE, C.J.N.S.: (Orally) [1] We are not satisfied that the Chambers judge applied any wrong principles of law, nor have we been satisfied that any patent injustice results from his order. The appeal is dismissed. [2] Costs are awarded to the respondent in the amount of $750.00, including disbursements. Glube, C.J.N.S. Concurred in: Roscoe, J.A. Flinn, J.A.