Silver v. Berbaum Estate

Silver v. Berbaum Estate Court Court of Appeal Date 1999-09-29 Citation 1999 NSCA 109 Docket CA 156090 Judge/Registrar/Adjudicator Hallett, J. Doane (Honourable Justice) (CA); Flinn, Edward J. (Honourable Justice); Chipman, David (Honourable Justice) Document Type Decision Relations Library Sheet - Silver v. Berbaum Estate - 1999 NSCA 109 - 1999-09-29 - Library Sheet Decision Content Date:19990929 C.A. 156090 NOVA SCOTIA COURT OF APPEAL [Cite as: Silver v. Berbaum Estate, 1999 NSCA 109] Chipman, Hallett and Flinn, JJ.A. BETWEEN: JEAN E. SILVER ) H. Wayne Milner ) for the appellant Appellant ) ) - and - ) ) FRANCES BLYNN, Administratrix of ) W. Bruce Gillis, Q.C. the Estate of Myrtle O. Berbaum, ) for the respondent Deceased ) ) Respondent ) ) ) ) ) Appeal heard: ) September 29, 1999 ) ) Judgment delivered: ) September 29, 1999 ) ) THE COURT: Leave to appeal denied per oral reasons for judgment of Flinn, J.A.; Hallett and Chipman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: FLINN, J.A.: [1] This is an application for leave to appeal, and if granted, to appeal an interlocutory discretionary order of Justice Haliburton of the Supreme Court. The order under appeal arises out of a Chambers application for directions in a proceeding with respect to the status of a joint bank account in the names of the late Meryl O. Berbaum and the appellant. [2] In the exercise of his discretion on the application for directions, the Chambers judge applied no wrong principles of law, nor does a patent injustice arise from his order. Leave to appeal is denied. [3] The appellant shall pay the respondent her costs of this appeal which are fixed at $750.00 plus disbursements payable forthwith. Flinn, J.A. Concurred in: Chipman, J.A. Hallett, J.A.