Halifax (Regional Municipality) v. Nova Scotia Union of Public and Private Employees, Local 13
The motion judge correctly exercised his discretion in striking the two paragraphs as inadmissible lay opinion evidence that was irrelevant and unreliable; the Court of Appeal found no error of law nor patent injustice and therefore dismissed the appeal while granting leave to appeal.
Source-derived case information.
- Citation
- 2009 NSCA 18
- Parties
- Appellant: Halifax Regional Municipality; Respondent: Nova Scotia Union of Public and Private Employees, Local 13
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 February 2009
- Procedural Posture
- Application for Judicial Review of Arbitration Award; Interlocutory Motion to Strike Affidavit Paragraphs / Interlocutory Appeal From Order Made Under Civil Procedure Rule 38.11
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Admissibility of Affidavit Evidence, Lay Opinion Evidence, Judicial Review of Arbitration Award, Interlocutory Appeal, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Halifax Regional Municipality
Appellant
Nova Scotia Union of Public and Private Employees, Local 13
Respondent
Procedural Posture
Application for Judicial Review of Arbitration Award; Interlocutory Motion to Strike Affidavit Paragraphs / Interlocutory Appeal From Order Made Under Civil Procedure Rule 38.11
Legal Issues
- 1 Whether two paragraphs of an affidavit tendered to augment an arbitration record were admissible
- 2 Whether the motion judge erred in law in striking the paragraphs
- 3 Whether appellate intervention is warranted in respect of a discretionary interlocutory order
Ratio Decidendi
The motion judge correctly exercised his discretion in striking the two paragraphs as inadmissible lay opinion evidence that was irrelevant and unreliable; the Court of Appeal found no error of law nor patent injustice and therefore dismissed the appeal while granting leave to appeal.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Leave to appeal granted.
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Halifax (Regional Municipality) v. Nova Scotia Union of Public and Private Employees, Local 13 Court Court of Appeal Date 2009-02-11 Citation 2009 NSCA 18 Docket CA 300835 Judge/Registrar/Adjudicator MacDonald, J. Michael (Honourable Chief Justice) (CA); Saunders, Jamie W. S. (Honourable Justice) (CA); Bateman, Nancy J. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Halifax (Regional Municipality) v. Nova Scotia Union of Public and Private Employees, Local 13, 2009 NSCA 18 Date: 20090211 Docket: CA 300835 Registry: Halifax Between: Halifax Regional Municipality Appellant v. Nova Scotia Union of Public and Private Employees, Local 13 Respondent Judges: MacDonald, C.J.N.S.; Bateman and Saunders, JJ.A. Appeal Heard: February 11, 2009, in Halifax, Nova Scotia Written Judgment: February 12, 2009 Held: Leave to appeal is granted but the appeal is dismissed per oral reasons for judgment of Bateman, J.A.; MacDonald, C.J.N.S. and Saunders, J.A. concurring. Counsel: Terry Roane, Q.C. and Sarah Pottle, for the appellant Nancy Elliott, for the respondent Reasons for judgment: (Orally) [1] This is an appeal from a discretionary interlocutory order of Wright J. made pursuant to Civil Procedure Rule (1972) 38.11. He granted the respondent Union’s application to strike two paragraphs of an affidavit filed by the applicant Municipality on an application for judicial review of an arbitration award. [2] Contrary to the submissions of the appellant the judge did not rule that affidavits supplementing the record are never admissible in such proceedings. This appeal is not about whether, in certain circumstances, an arbitration record may be augmented by affidavit on judicial review. The question before the judge was whether the disputed paragraphs in the tendered affidavit were admissible. [3] In concluding that the proffered evidence was inadmissible because it was lay opinion evidence of no assistance to the court, of no relevance and unreliable we are not persuaded that the judge applied wrong principles of law or that a patent injustice will result (Exco Corporation Limited v. Nova Scotia Savings and Loan et al. (1983), 59 N.S.R. (2d) 331 (C.A.)). [4] While we would grant leave to appeal, the appeal is dismissed without costs. Bateman, J.A. Concurred in: MacDonald, C.J.N.S. Saunders, J.A.