NsC Corporation Ltd. v. ABN Amro Bank Canada

NsC Corporation Ltd. v. ABN Amro Bank Canada Court Court of Appeal Date 1993-09-28 Citation 1993 NSCA 164 Docket CA 02816 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Hart, Gordon L.S. (Honourable Justice); Matthews, Kenneth M., (Honourable Justice) Document Type Decision Decision Content C.A. No. 02816 NOVA SCOTIA COURT OF APPEAL Cite as: NsC Corporation Ltd. v. ABN Amro Bank Canada, 1993 NSCA 164 Matthews, Hart and Chipman, JJ.A. BETWEEN: NsC CORPORATION LIMITED ) Frederick W. Black ) for the Applicant Applicant ) ) - and - ) ) David G. Coles ) for ABN Amro Bank ABN AMRO BANK CANADA, ERNST ) Canada and Boyne & YOUNG INC., BOYNE CLARKE, KRUPP ) Clarke MASCHINENBAU GmbH and KRUPP ) MaK DIESEL INC. ) ) Respondents ) ) ) ) Tim Hill ) for Ernst & Young ) ) Thomas M. MacDonald ) for Krupp MaK ) Maschinenbau GmbH and ) Krupp MaK Diesel ) ) Appeal Heard: ) September 28, 1993 ) ) ) Judgment Delivered: ) September 28, 1993 AND BETWEEN: C.A. No. 02397 NOVA SCOTIA COURT OF APPEAL Matthews, Hart and Chipman, JJ.A. BETWEEN: NsC CORPORATION LIMITED ) The applicant did ) not appear with counsel applicant ) ) - and - ) David G. Coles ) for ABN (Amro) ABN (AMRO) BANK CANADA ) ) respondent ) Appeal Heard: ) September 28, 1993 ) ) Judgment Delivered: ) September 28, 1993 THE COURT: Application for adjournments denied per oral reasons for judgment of Matthews, J.A.; Hart and Chipman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: MATTHEWS, J.A.: Mr. Frederick W.L. Black appeared before this Court today, September 28, 1993, requesting an adjournment of the application for leave to appeal to the Supreme Court of Canada by NsC Corporation Limited from a judgment of this Court in proceeding S.C.A. No. 02397 and also for an adjournment of the application by the respondents to quash the notice of appeal to this Court filed by the appellant, NsC Corporation Limited, in C.A. No. 02816. In other material Mr. Black has described himself as principal shareholder, director and president of NsC Corporation Limited. His applications for adjournments are opposed by counsel representing all of the other parties. The applications present two problems for NsC and for him. The first is recognized by Mr. Black in his letter, dated September 21, 1993, to Justice Hallett as chambers judge of this court which letter seeks the adjournments. Mr. Black says in part: "However, by order of Mr. Justice Boudreau dated February 12/93 and upheld by decision and order of your Honourable Court dated June 22/93 Frederick Black cannot represent NsC Corporation Limited. NsC Corporation Limited must retain legal counsel despite the fact that the corporation is impecunious and unable to financially afford a solicitor." We cannot hear Mr. Black. NsC has had more than sufficient time to retain counsel, some seven and one-half months from February 12, 1993. The second problem is that the applications for leave to appeal by NsC in No. 02397 and by the respondents to quash in No. 02816 have been set down for hearing by this Court for many months. The Supreme Court and the Court of Appeal of this province have heard a number of trials, appeals and applications concerning the various parties here. The reasons requesting the adjournments are not sufficient for us to grant them. The proceedings must be brought to resolution. We deny the applications for adjournments. J.A. Concurred in: Hart, J.A. Chipman, J.A. C. A. No. 02816 C.A. No. 02397 NOVA SCOTIA COURT OF APPEAL BETWEEN: NsC CORPORATION LIMITED ) REASONS FOR ) JUDGMENT BY: applicant ) MATTHEWS, J.A. ) - and - ) ) ABN AMRO BANK CANADA, ) & YOUNG INC., BOYNE ) CLARKE, KRUPP MAK ) MASCHINENBAU GMBH ) and KRUPP MAK DIESEL INC. ) and C.A. No. 02397 BETWEEN: NsC CORPORATION LIMITED ) ) applicant ) ) - and - ) ) ABN (AMRO) BANK CANADA )