Costa v. Electec Engineering Inc.

The Small Claims Court lacks jurisdiction to hear motions for a stay pending an appeal of its decisions; such applications are governed by Civil Procedure Rule 7 (notably Rule 7.28) and must be brought before the Supreme Court of Nova Scotia; therefore the stay motion is denied.

Citation: 2014 NSSM 72
Parties: Claimant: Perry Costa; Defendant: Electec Engineering Incorporated
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 7 October 2014
Procedural Posture: Small Claims Court Motion for Stay Pending Appeal / Decision on Motion (stay Pending Appeal)
Outcome: Motion for stay denied; Small Claims Court lacks jurisdiction to hear stay pending appeal motions.
Legal Topics: Stay Pending Appeal, Jurisdiction, Recusal, Civil Procedure Rule 7
Source Language: English

Civil Procedure Appeals Judicial Review Stay Pending Appeal Jurisdiction Recusal Civil Procedure Rule 7

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Perry Costa

Claimant

Electec Engineering Incorporated

Defendant

Procedural Posture

Small Claims Court Motion for Stay Pending Appeal / Decision on Motion (stay Pending Appeal)

Legal Issues

1 Does the Small Claims Court have jurisdiction to hear a motion for a stay pending the appeal of its decision?
2 If jurisdiction exists, is this a proper case to order a stay of proceedings under the Fulton Insurance Agencies v. Purdy test?

Ratio Decidendi

Court Disposition

Motion for stay denied; Small Claims Court lacks jurisdiction to hear stay pending appeal motions.

Orders

Motion for stay pending appeal denied.
Application for a stay pending appeal must be brought before the Supreme Court of Nova Scotia under Civil Procedure Rule 7.