Black v. NsC Diesel Power Inc. (Trustee of)
The motion for leave to present new evidence was dismissed because the materials submitted did not satisfy the tri-partite test articulated in Glen Oak Inc. v. Smith & Nephew Inc., and therefore the court refused to admit the new evidence on appeal.
Source-derived case information.
- Citation
- 2002 FCA 364
- Parties
- Appellant: Frederick W.L. Black; Respondent: The Creditors of the Estate of NsC Diesel Power Incorporated, as represented by the Trustee of the Estate; Respondent: The Inspectors of the Estate of NsC Diesel Power Incorporated; Respondent: The Office of the Superintendent of Bankruptcy
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2002
- Procedural Posture
- Appeal (bankruptcy/insolvency) / Motion for Leave to Present New Evidence (dealt With in Writing)
- Outcome
- Motion for leave to present new evidence dismissed.
- Legal Topics
- Admission of Fresh Evidence on Appeal, Leave to Adduce New Evidence, Tri Partite Test for Fresh Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frederick W.L. Black
Appellant
The Creditors of the Estate of NsC Diesel Power Incorporated, as represented by the Trustee of the Estate
Respondent
The Inspectors of the Estate of NsC Diesel Power Incorporated
Respondent
The Office of the Superintendent of Bankruptcy
Respondent
Procedural Posture
Appeal (bankruptcy/insolvency) / Motion for Leave to Present New Evidence (dealt With in Writing)
Legal Issues
- 1 Whether leave should be granted to present new evidence on appeal
- 2 Whether the materials satisfy the tri-partite test established in Glen Oak
Ratio Decidendi
The motion for leave to present new evidence was dismissed because the materials submitted did not satisfy the tri-partite test articulated in Glen Oak Inc. v. Smith & Nephew Inc., and therefore the court refused to admit the new evidence on appeal.
Court Disposition
Motion for leave to present new evidence dismissed.
Orders
- The motion for leave to present new evidence is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Black v. NsC Diesel Power Inc. (Trustee of) Court (s) Database Federal Court of Appeal Decisions Date 2002-10-09 Neutral citation 2002 FCA 364 File numbers A-371-00 Decision Content Date: 20021009 Docket: A-371-00 Neutral citation: 2002FCA364 Present: The Honourable Mr. Justice Isaac BETWEEN: FREDERICK W.L. BLACK Appellant and THE CREDITORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED, as represented by the TRUSTEE of the Estate and THE INSPECTORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED and THE OFFICE OF THE SUPERINTENDENT OF BANKRUPTCY Respondents Dealt with in writing without appearance of parties. Order delivered at Toronto, Ontario on October 9, 2002. REASONS FOR ORDER AND ORDER BY: ISAAC J.A. Date: 20021009 Docket: A-371-00 Neutral citation: 2002FCA364 Present: The Honourable Mr. Justice Isaac BETWEEN: FREDERICK W.L. BLACK Appellant and THE CREDITORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED, as represented by the TRUSTEE of the Estate and THE INSPECTORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED and THE OFFICE OF THE SUPERINTENDENT OF BANKRUPTCY Respondents REASONS FOR ORDER AND ORDER ISAAC J.A. [1] The motion for leave to present new evidence is dismissed. [2] Contrary to the assertion made by the applicant in his representations, I am of the view that the materials submitted do not satisfy the tri-partite test to which this Court has referred in Glen Oak Inc. et al v. Smith & Nephew Inc. et al (1996) 66 C.P.R. 33. "Julius A. Isaac" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-371-00 STYLE OF CAUSE: Frederick W.L. Black v. The Creditors of the Estate of NsC Diesel et al PLACE OF HEARING: Motion dealt with in writing without appearance of the parties REASONS FOR ORDER AND ORDER BY: ISAAC J.A. WRITTEN SUBMISSIONS: Frederick W.L. Black FOR THE APPELLANT ON HIS OWN BEHALF D. Bruce Clarke FOR THE RESPONDENT the SUPERINTENDENT OF BANKRUPTCY SOLICITORS OF RECORD: Frederick W.L. Black FOR THE APPELLANT ON HIS OWN Cumberland, Ontario BEHALF Burchell Green Hayman Parish FOR THE RESPONDENT the Halifax, Nova Scotia SUPERINTENDENT OF BANKRUPTCY