Ofume v. Nova Scotia

Ofume v. Nova Scotia Court Court of Appeal Date 2004-11-08 Citation 2004 NSCA 134 Docket CA 225780 Judge/Registrar/Adjudicator Fichaud, Joel E. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Ofume v. Nova Scotia, 2004 NSCA 134 Date: 20041108 Docket: CA 225780 Registry: Halifax Between: Dr. Phillip Ofume and Mrs. Maureen Ofume Appellants v. Government of Nova Scotia, Annette Boucher, C.I.B.C. Mortgage Corporation Laurel Purcell, Halifax Regional Police, High Sheriff in and for Halifax County Registrars, Supreme Court and Court of Appeal of Nova Scotia Respondents Judge: Fichaud, J.A. Application Heard: November 4, 2004, in Halifax, Nova Scotia, In Chambers Held: Registrar’s motion to dismiss appeal is granted, without costs. Counsel: Dr. Phillip Ofume, for the appellants Wayne J. Francis, for C.I.B.C. Mortgage Corporation Kenda Murphy, for the Government of Nova Scotia Decision: [1] This is a registrar’s motion to dismiss the notice of appeal under Rule 62.17(2). Seven days’ notice of the application has been given to the appellants as required by Rule 62.17. [2] On July 22, 2004 Justice Oland, in chambers, directed that appellants file the appeal book by August 30, 2004 and their factum by September 15, 2004. Justice Oland set the appeal down for hearing on December 2, 2004. [3] As of the date of this chambers application, November 4, 2004, neither the appeal book nor the appellants’ factum have been filed. [4] The registrar has applied for an order under Rule 62.17 dismissing the appeal for non-compliance and non-perfection. [5] The appellants have filed no affidavit or other evidence in response to this application. [6] On July 22, 2004, Dr. Ofume told Justice Oland that he would not require the transcript for the appeal. This was confirmed by a letter of July 22, 2004 from the registrar of the court to Dr. Ofume and to counsel for the respondents: This letter will confirm that during the setting down of this appeal in the Nova Scotia Court of Appeal Chambers this morning, Dr. Ofume, for the appellants, confirmed that a transcript of the hearing before Justice Scanlan is not necessary for the appeal. One of the opposing counsel had pointed out that the grounds of appeal appeared to raise the issue of judicial bias or other matters that may call for a transcription of the tapes. Dr. Ofume responded that the appellants would be proceeding without a transcript. [7] When the dates for filing the appeal book and factum passed, Dr. Ofume took no initiative to bring the matter to the attention of this Court, or to request an adjournment supported by reasons. [8] Dr. Ofume, on the present application, said that he did not have the money to prepare the appeal book. [9] Dr. Ofume had no explanation of why his financial inability to prepare an appeal book was not mentioned to Justice Oland on July 22, 2004. He gave no particulars of how he will source funds to prepare an appeal book in the future. [10] The appeal book would be neither lengthy nor unduly expensive. [11] In short, if Dr. Ofume had given me a believable reason for the failure to comply with the schedule for filings, and a basis to conclude that he would meet future filing dates if I adjourned the proceeding, then I would grant the adjournment with new filing dates. Dr. Ofume has not satisfied me of either point. [12] Dr. Ofume has a history of commencing appeals and motions in this Court, then failing to meet filing dates, leading to adjournments and dismissals. These have caused needless costs to the other parties. There is no reason to repeat this exercise. [13] I grant the registrar’s motion and dismiss this appeal without costs. Fichaud, J.A.