Crossley Carpet Mills Ltd. v. Guarantee Company of North America
The appeal is dismissed because the Grenier decision was found not to apply and there was no basis to disturb the trial judge's acceptance of Quebec law; costs are fixed at $2800 plus disbursements as taxed or agreed (40% of trial costs).
Source-derived case information.
- Citation
- 2003 NSCA 11
- Parties
- Appellant: Crossley Carpet Mills Limited; Respondent: The Guarantee Company of North America / La Garantie, Compagnie D’Assurance D’Amerique Du Nord
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 January 2003
- Procedural Posture
- Appeal / Judgment (oral Reasons) at Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Proof of Foreign Law, Choice of Law, Costs on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crossley Carpet Mills Limited
Appellant
The Guarantee Company of North America / La Garantie, Compagnie D’Assurance D’Amerique Du Nord
Respondent
Procedural Posture
Appeal / Judgment (oral Reasons) at Court of Appeal
Legal Issues
- 1 Whether the decision in Grenier applies to this case
- 2 Whether the trial judge properly accepted the law of Quebec as proved
- 3 Whether the usual award of costs on appeal (40% of trial costs) should be departed from
Ratio Decidendi
The appeal is dismissed because the Grenier decision was found not to apply and there was no basis to disturb the trial judge's acceptance of Quebec law; costs are fixed at $2800 plus disbursements as taxed or agreed (40% of trial costs).
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded to respondent in the amount of $2800 plus disbursements as taxed or agreed (representing 40% of trial costs)
Full Case Text
Judgment text and source record
1 paragraphs
Crossley Carpet Mills Ltd. v. Guarantee Company of North America Court Court of Appeal Date 2003-01-21 Citation 2003 NSCA 11 Docket CA 184032 Judge/Registrar/Adjudicator Saunders, Jamie W. S. (Honourable Justice) (CA); Hamilton, M. Jill (Honourable Justice); Bateman, Nancy J. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Crossley Carpet Mills Ltd. v. Guarantee Company of North America, 2003 NSCA 11 Date: 20030120 Docket: CA 184032 Registry: Halifax Between: Crossley Carpet Mills Limited Appellant v. The Guarantee Company of North America/ La Garantie, Compagnie D’Assurance D’Amerique Du Nord Respondent Judges: Bateman, Saunders and Hamilton, JJ.A. Appeal Heard: January 20, 2003, in Halifax, Nova Scotia Written Judgment: January 21, 2003 Held: Appeal dismissed per oral reasons for judgment of Bateman, J.A.; Saunders and Hamilton, JJ.A. concurring. Counsel: Christa Hellstrom, for the appellant Thomas Singleton and Karen MacDonald, for the respondent Reasons for judgment: (Orally) [1] After considering the written and oral submissions of counsel we are not persuaded that there is merit in the grounds of appeal advanced. In particular, we are not persuaded that the decision in Grenier c. Garantie, Cie d’assurance de l’Amérique du Nord, [2002] J.Q. No. 1133 (Q.L.) has any applicability to the case on appeal nor that it casts doubt upon the trial judge's acceptance of the law of Quebec as proved before him. [2] We see no reason to depart from the usual award of costs, that being 40% of those at trial, which in this case we fix at $2800 plus disbursements as taxed or agreed. Bateman, J.A. Concurred in: Saunders, J.A. Hamilton, J.A.