Drum Head Estates Ltd. v. Mills
The appeal was dismissed because the Court concluded the trial judge applied the correct principles in fixing security for costs and in refusing to change the venue, and that no injustice resulted from those decisions.
Source-derived case information.
- Citation
- 2013 NSCA 103
- Parties
- Appellant: Drum Head Estates Limited; Appellant: Celia McClure; Appellant: Angela Chapin; Respondent: George E. Mills, Jr., Trustee of the Estate of Stephen Beal Chapin, a Bankrupt
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 September 2013
- Procedural Posture
- Civil Appeal / Appeal Heard and Decision Released (oral Reasons)
- Outcome
- Appeal dismissed
- Legal Topics
- Security for Costs, Change of Venue, Costs Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Drum Head Estates Limited
Appellant
Celia McClure
Appellant
Angela Chapin
Appellant
George E. Mills, Jr., Trustee of the Estate of Stephen Beal Chapin, a Bankrupt
Respondent
Procedural Posture
Civil Appeal / Appeal Heard and Decision Released (oral Reasons)
Legal Issues
- 1 Whether the judge applied the correct principles in fixing security for costs
- 2 Whether the judge erred in refusing to change venue from Halifax to Bridgewater
- 3 Whether any injustice arises from maintaining the original venue and security order
Ratio Decidendi
The appeal was dismissed because the Court concluded the trial judge applied the correct principles in fixing security for costs and in refusing to change the venue, and that no injustice resulted from those decisions.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs of $2,500 inclusive of disbursements payable to the respondent forthwith.
Full Case Text
Judgment text and source record
1 paragraphs
Drum Head Estates Ltd. v. Mills Court Court of Appeal Date 2013-09-17 Citation 2013 NSCA 103 Docket CA 411222 Judge/Registrar/Adjudicator Saunders, Jamie W. S. (Honourable Justice) (CA); Beveridge, Duncan R. (Honourable Justice) (CA); Bryson, Peter M.S. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Drum Head Estates Ltd. v. Mills, 2013 NSCA 103 Date: 20130917 Docket: CA 411222 Registry: Halifax Between: Drum Head Estates Limited, Celia McClure and Angela Chapin Appellants v. George E. Mills, Jr., Trustee of the Estate of Stephen Beal Chapin, a Bankrupt Respondent Judges: Saunders, Beveridge and Bryson, JJ.A. Appeal Heard: September 17, 2013, in Halifax, Nova Scotia Written Release: September 17, 2013 Held: Appeal dismissed per oral reasons for judgment of Saunders, J.A.; Beveridge and Bryson, JJ.A. concurring. Counsel: G.F. Philip Romney, for the appellants Geoffrey Saunders and Dillon Trider, for the respondent Reasons for Judgment: (Orally) [1] Largely for the reasons articulated by Messrs. Saunders and Trider in the excellent factum filed on behalf of the respondent, we are unanimously of the view that the appeal ought to be dismissed with costs. [2] We are satisfied that Justice Rosinski applied the correct principles of law both in fixing the amount of security for costs, and in refusing to change the venue of this proceeding from Halifax to Bridgewater, and that no injustice arises as a result. [3] Accordingly, the appeal is dismissed with costs of $2,500 inclusive of disbursements payable to the respondent forthwith. Saunders, J.A. Concurred in: Beveridge, J.A. Bryson, J.A.