Smith v. Royal & SunAlliance Insurance Company of Canada
Leave to appeal was denied because the appellant failed to raise an arguable issue warranting the Court's review; the respondent was awarded costs of $1,500 plus reasonable disbursements.
Source-derived case information.
- Citation
- 2008 NSCA 121
- Parties
- Appellant: Janice Mary Anne Smith; Respondent: Royal & SunAlliance Insurance Company of Canada
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 December 2008
- Procedural Posture
- Appeal / Leave to Appeal Application
- Outcome
- Leave to appeal denied
- Legal Topics
- Leave to Appeal, Costs, Arguable Issue
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janice Mary Anne Smith
Appellant
Royal & SunAlliance Insurance Company of Canada
Respondent
Procedural Posture
Appeal / Leave to Appeal Application
Legal Issues
- 1 Whether the appellant raised an arguable issue warranting leave to appeal
- 2 Whether costs should be awarded to the respondent
Ratio Decidendi
Leave to appeal was denied because the appellant failed to raise an arguable issue warranting the Court's review; the respondent was awarded costs of $1,500 plus reasonable disbursements.
Court Disposition
Leave to appeal denied
Orders
- Leave to appeal denied
- Respondent awarded costs of $1,500 plus reasonable disbursements to be agreed upon or taxed
Full Case Text
Judgment text and source record
1 paragraphs
Smith v. Royal & SunAlliance Insurance Company of Canada Court Court of Appeal Date 2008-12-16 Citation 2008 NSCA 121 Docket CA 296283 Judge/Registrar/Adjudicator Hamilton, M. Jill (Honourable Justice); MacDonald, J. Michael (Honourable Chief Justice) (CA); Saunders, Jamie W. S. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Smith v. Royal & SunAlliance Insurance Company of Canada, 2008 NSCA 121 Date: 20081216 Docket: CA 296283 Registry: Halifax Between: Janice Mary Anne Smith Appellant v. Royal & SunAlliance Insurance Company of Canada, a body corporate Respondent Judges: MacDonald, C.J.N.S.; Saunders and Hamilton, JJ.A. Appeal Heard: December 16, 2008, in Halifax, Nova Scotia Written Judgment: December 18, 2008 Held: Leave denied per oral reasons for judgment of the Court. Counsel: David W. Richey, for the appellant Donn Fraser, for the respondent By the Court: [1] We are unanimously of the view that the appellant has failed to raise an arguable issue which would warrant our granting leave. We reach this conclusion largely for the reasons advanced by the respondent in its comprehensive factum. [2] Leave to appeal is denied. The respondent shall have its costs in the amount of $1,500, plus reasonable disbursements, to be agreed upon or taxed. MacDonald, C.J.N.S. Saunders, J.A. Hamilton, J.A.