Warren v. Warren
The application to reinstate the appeal was allowed because affidavits established the appellant's intention to proceed, a timely application for reinstatement after learning of the deemed abandonment, the failure to proceed was attributable to the solicitor's assurances, and the appeal was not frivolous or vexatious.
Source-derived case information.
- Citation
- 2010 NLCA 25
- Parties
- Applicant: Bruce George Warren; Respondent: Nina Lorraine Warren
- Court
- Newfoundland and Labrador Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 April 2010
- Procedural Posture
- Appeal / Application for Reinstatement
- Outcome
- Application to reinstate appeal allowed.
- Legal Topics
- Reinstatement of Appeal, Deemed Abandonment, Rules of Court, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce George Warren
Applicant
Nina Lorraine Warren
Respondent
Procedural Posture
Appeal / Application for Reinstatement
Legal Issues
- 1 Whether an appeal deemed abandoned under Rule 57.20 should be reinstated
- 2 Whether the appellant demonstrated an intention to proceed and a timely application for reinstatement
- 3 Whether failure to proceed caused by the solicitor's conduct justifies reinstatement
Ratio Decidendi
The application to reinstate the appeal was allowed because affidavits established the appellant's intention to proceed, a timely application for reinstatement after learning of the deemed abandonment, the failure to proceed was attributable to the solicitor's assurances, and the appeal was not frivolous or vexatious.
Court Disposition
Application to reinstate appeal allowed.
Orders
- Appeal reinstated.
- No order as to costs on this application.
Full Case Text
Judgment text and source record
1 paragraphs
Date: 20100420 Docket: 10/08 Citation: 2010 NLCA 25 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN: BRUCE GEORGE WARREN APPLICANT AND: NINA LORRAINE WARREN RESPONDENT Coram: Cameron, White and Harrington, JJ.A. Application Heard: April 20, 2010 Decision Rendered: April 20, 2010 (Orally) Memorandum of Disposition filed: April 20, 2010 Counsel for the Applicant: Jonathan Dale The Respondent appearing by teleconference MEMORANDUM OF DISPOSITION Cameron, J.A.: [1] This is an application for reinstatement of an appeal which was, pursuant to Rule 57.20 of the Rules of the Supreme Court, 1986, deemed abandoned by this Court on September 26, 2008. The application was allowed for the reasons which follow. Page: 2 [2] On the basis of the affidavits filed by Mr. Warren and Ms. Picco the Court was satisfied that Mr. Warren had the intention to proceed with the appeal and that he made a timely application for reinstatement after he learned of the deemed abandonment. [3] The failure to proceed prior to the deemed abandonment cannot be laid at the door of Mr. Warren whose then solicitor regularly told him that the appeal was proceeding. [4] The Court was also of the view that the appeal, though it is not without its difficulties, cannot be said to be frivolous or vexatious. [5] There shall be no order as to costs on this application. _______________________________ M. A. Cameron, J.A.