Morrison Estate v. Nova Scotia (Health)
The court stayed the Crown’s application for further and better particulars pending the certification hearing because the particulars sought are substantive and the application, not likely to dispose of the litigation, would undermine the procedural focus, low threshold and policy objectives of the Class Proceedings Act; the Crown may renew its request for particulars after the certification decision if appropriate.
- Citation
- 2009 NSSC 198
- Parties
- Plaintiff/respondent: The Estate of Elmer Stanislaus Morrison, by his Executor or Representative Joan Marie Morrison; Plaintiff/respondent: Joan Marie Morrison; Plaintiff/respondent: John Kin Hung Lee, by his Legal Guardian Elizabeth Lee; Plaintiff/respondent: Elizabeth Lee; Defendant/applicant: The Attorney General of Nova Scotia (representing Her Majesty the Queen in right of the Province of Nova Scotia; Department of Health; Minister of Health; Executive Director of Continuing Care)
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 26 June 2009
- Procedural Posture
- Class Proceeding (proposed) / Pre Certification Interlocutory Application (application for Further and Better Particulars)
- Outcome
- Application for further and better particulars stayed pending the certification hearing
- Legal Topics
- Demand for Particulars, Proceedings Against the Crown Act S.17, Certification, Stay Pending Certification, Charter Challenge, Fiduciary Duty, Judicial Economy
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Estate of Elmer Stanislaus Morrison, by his Executor or Representative Joan Marie Morrison
Plaintiff/respondent
Joan Marie Morrison
Plaintiff/respondent
John Kin Hung Lee, by his Legal Guardian Elizabeth Lee
Plaintiff/respondent
Elizabeth Lee
Plaintiff/respondent
The Attorney General of Nova Scotia (representing Her Majesty the Queen in right of the Province of Nova Scotia; Department of Health; Minister of Health; Executive Director of Continuing Care)
Defendant/applicant
Procedural Posture
Class Proceeding (proposed) / Pre Certification Interlocutory Application (application for Further and Better Particulars)
Legal Issues
- 1 Whether the Crown is entitled to further and better particulars under the Proceedings Against the Crown Act and civil procedure rules prior to certification
- 2 Whether the application for particulars is premature and should be stayed pending the certification hearing
- 3 Whether preliminary motions that do not dispose of the litigation should be heard before certification
Ratio Decidendi
The court stayed the Crown’s application for further and better particulars pending the certification hearing because the particulars sought are substantive and the application, not likely to dispose of the litigation, would undermine the procedural focus, low threshold and policy objectives of the Class Proceedings Act; the Crown may renew its request for particulars after the certification decision if appropriate.
Court Disposition
Application for further and better particulars stayed pending the certification hearing
Orders
- Application for further and better particulars is stayed pending the certification hearing
- The Attorney General may pursue requests for particulars under the Proceedings Against the Crown Act and the Civil Procedure Rules after the certification hearing if then required
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