Grenkow v. Halifax County Condominium Co. No. 151
The appeal was dismissed because the appellant failed to comply with the Civil Procedure Rules despite having ample time (including an effective extension); her incarceration and lack of funds did not constitute a sufficient excuse to avoid dismissal under Rule 62.17(2).
Source-derived case information.
- Citation
- 1993 NSCA 5
- Parties
- Appellant: Irene Gail Grenkow; Respondent: Halifax County Condominium Corporation Number 151
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 December 1993
- Procedural Posture
- Civil Appeal / Application to Strike Appeal for Non Compliance With Procedural Rules (rule 62.17(2))
- Outcome
- Motion to strike granted; appeal dismissed.
- Legal Topics
- Appeal Procedure, Rule 62.17(2) Non Compliance, Legal Aid, Foreclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Gail Grenkow
Appellant
Halifax County Condominium Corporation Number 151
Respondent
Procedural Posture
Civil Appeal / Application to Strike Appeal for Non Compliance With Procedural Rules (rule 62.17(2))
Legal Issues
- 1 Whether the appeal should be struck for non-compliance with Civil Procedure Rules Rule 62.17(2)
- 2 Whether the appellant's imprisonment and impecuniosity excuse non-compliance or justify relief
- 3 Whether asserted lack of merit and an existing foreclosure order affect the decision to strike the appeal
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with the Civil Procedure Rules despite having ample time (including an effective extension); her incarceration and lack of funds did not constitute a sufficient excuse to avoid dismissal under Rule 62.17(2).
Court Disposition
Motion to strike granted; appeal dismissed.
Orders
- Motion granted and appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Grenkow v. Halifax County Condominium Co. No. 151 Court Court of Appeal Date 1993-12-13 Citation 1993 NSCA 5 Docket CA 02858 Judge/Registrar/Adjudicator Jones, Malachi C. (Honourable Justice) (CA) Document Type Decision Decision Content C.A. No. 02858 NOVA SCOTIA COURT OF APPEAL Cite as Grenkow v. Halifax County Condominium Co. No. 151, 1993 NSCA 5 BETWEEN: ) ) IRENE GRENKOW ) Applicant ) ) the appellant appeared in person -and - ) ) HALIFAX COUNTY CONDOMINIUM CORPORATION NUMBER 151 ) ) ) Respondent ) ) ) ) William Leahey For the Respondent ) Appeal Heard: ) December 9, 1993 ) ) ) ) ) ) Judgment Delivered: December 13, 1993 BEFORE: The Honourable Mr. Justice Jones in chambers. JONES, J.A.: This is an application to strike this appeal in a civil action under Rule 62.17(2) of the Civil Procedure Rules for non compliance with the Rules. The Notice of Appeal is dated May 14, 1993. The action arises out of Miss Grenkow's occupation of a condominium in the Corporation's building. The appellant unfortunately is in prison serving a sentence in respect of a fire in the same building. This action arose out of the fire. She has no means for perfecting the appeal and in particular for preparing the necessary documents. She was represented by legal aid on the trial. Apart from preparing the notice she has been turned down for legal aid on the appeal. The respondent argues that there is no merit in the appeal and that there is a foreclosure order against her interest in the condominium unit. I have heard the parties and it is clear that the Rules have not been complied with. With respect Miss Grenkow has had ample time to perfect the appeal. In effect the time was extended by Hallett, J. In the absence of legal aid I do not think that her present impecuniosity is a sufficient reason to dismiss the application. I will grant the motion and dismiss the appeal. J.A. C.A. No. 02858 NOVA SCOTIA COURT OF APPEAL BETWEEN IRENE GAIL GRENKOW ) ) Appellant ) ) ) REASONS FOR JUDGMENT - And- ) ) JONES, J.A. HALIFAX COUNTY CONDOMINIUM CORPORATION #151 ) ) ) Respondent ) )