Society of Lloyd's v. Partridge

Society of Lloyd's v. Partridge

In the absence of local rules or regulations expressly authorizing ex parte registration under the Canada-UK Act, Nova Scotia procedure and the requirements of natural justice govern; therefore registration of U.K. judgments under the Convention requires notice to the judgment debtor and the Chief Justice erred in...

Source-derived case information.

Citation
2000 NSCA 84
Parties
Appellant (partridge Appeal): Walter Ernest Partridge; Respondent (partridge Appeal) and Appellant (van Snick Appeal): The Society of Lloyd's; Respondent (van Snick Appeal): Richard Marcel Van Snick; Intervenors: Intervenors
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
10 July 2000
Procedural Posture
Registration of Foreign Judgment Under Canada UK Reciprocal Recognition and Enforcement of Judgments Act / Interlocutory Appeal to Court of Appeal (registration Applications)
Outcome
Partridge appeal allowed; Van Snick appeal dismissed.
Legal Topics
Ex Parte V. Inter Partes Procedure, Reciprocal Recognition and Enforcement, Natural Justice/audi Alteram Partem, Duty of Counsel on Ex Parte Applications, Setting Aside Registration
Source Language
english
Civil Procedure Private International Law Enforcement of Foreign Judgments Professional Ethics Ex Parte V. Inter Partes Procedure Reciprocal Recognition and Enforcement Natural Justice/audi Alteram Partem Duty of Counsel on Ex Parte Applications +1 more

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Parties

Walter Ernest Partridge

Appellant (partridge Appeal)

The Society of Lloyd's

Respondent (partridge Appeal) and Appellant (van Snick Appeal)

Richard Marcel Van Snick

Respondent (van Snick Appeal)

Intervenors

Intervenors

Procedural Posture

Registration of Foreign Judgment Under Canada UK Reciprocal Recognition and Enforcement of Judgments Act / Interlocutory Appeal to Court of Appeal (registration Applications)

Legal Issues

  1. 1 Whether applications to register U.K. judgments under the Canada-UK Act may be made ex parte without notice to the judgment debtor
  2. 2 Whether in the absence of local rules/regulations procedures of the registering court govern notice requirements under the Convention
  3. 3 Whether counsel's omissions (failure to disclose material facts) on ex parte applications constituted material non-disclosure warranting set aside

Ratio Decidendi

In the absence of local rules or regulations expressly authorizing ex parte registration under the Canada-UK Act, Nova Scotia procedure and the requirements of natural justice govern; therefore registration of U.K. judgments under the Convention requires notice to the judgment debtor and the Chief Justice erred in permitting ex parte registration in Partridge; Justice MacAdam correctly dismissed ex parte registration in Van Snick; the chambers judge's adverse comments about counsel's non‑disclosure did not amount to error warranting interference.

Court Disposition

Partridge appeal allowed; Van Snick appeal dismissed.

Orders

  • Set aside the order for costs against Mr. Partridge made at chambers
  • Mr. Partridge and Mr. Van Snick awarded costs of the appeal in the amount of $2,000.00 plus disbursements each, payable by The Society of Lloyd's