Heron v. Smith

Heron v. Smith

The chambers judge denied the extension of time because the applicant did not demonstrate a reasonable excuse for delay, had a history of missed time periods, the proposed appeal lacked merit and would be largely moot or a waste of resources; the judge refused to exercise chambers jurisdiction to vacate prior Canadian decisions because the relief sought raised issues beyond a chambers judge's powers and the 2002 California decision did not undermine the finality of the prior California judgments; accordingly both applications were dismissed and costs awarded to the respondent in the amount of $2,000 plus disbursements.

Citation
2003 NSCA 92
Parties
Applicant/appellant: Brian Heron; Respondent: Charles A. Smith
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
15 September 2003
Procedural Posture
Civil Appeal / Chambers Application (applications for Extension of Time and to Vacate Prior Orders)
Outcome
Both applications dismissed
Legal Topics
Extension of Time, Vacating Prior Judgments, Domestication of Foreign Judgment, Security for Costs, Costs
Source Language
English
Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Appeal Practice Extension of Time Vacating Prior Judgments Domestication of Foreign Judgment Security for Costs +1 more

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Parties

Brian Heron

Applicant/appellant

Charles A. Smith

Respondent

Procedural Posture

Civil Appeal / Chambers Application (applications for Extension of Time and to Vacate Prior Orders)

Legal Issues

  1. 1 Whether to grant an extension of time to file a notice of appeal
  2. 2 Whether a chambers judge has jurisdiction to vacate and set aside prior Canadian court decisions and to bar further Canadian proceedings
  3. 3 Whether the 2002 California decision constituted fresh evidence or a variation undermining finality of prior California judgments

Ratio Decidendi

The chambers judge denied the extension of time because the applicant did not demonstrate a reasonable excuse for delay, had a history of missed time periods, the proposed appeal lacked merit and would be largely moot or a waste of resources; the judge refused to exercise chambers jurisdiction to vacate prior Canadian decisions because the relief sought raised issues beyond a chambers judge's powers and the 2002 California decision did not undermine the finality of the prior California judgments; accordingly both applications were dismissed and costs awarded to the respondent in the amount of $2,000 plus disbursements.

Court Disposition

Both applications dismissed

Orders

  • Application for extension of time to file a notice of appeal denied
  • Application to vacate and set aside prior Canadian court decisions and to bar further Canadian proceedings denied