Skinner v. Presbytery of Cape Breton
The chambers judge did not err on the material before him in finding the proposed classes were not adequately defined and therefore properly declined to appoint representative parties under Rule 5.09; additionally the named defendants are not legal entities capable of suing or being sued, and any fresh proceedings...
Source-derived case information.
- Citation
- 2000 NSCA 107
- Parties
- Appellant: Reverend James Skinner; Respondent: The Presbytery of Cape Breton within the Presbyterian Church in Canada; Respondent: The Synod of the Atlantic Provinces within the Presbyterian Church in Canada
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 28 September 2000
- Procedural Posture
- Appeal / Court of Appeal Review of Chambers Judge's Refusal to Appoint Representative Parties Under Civil Procedure Rule 5.09
- Outcome
- Appeal dismissed without costs.
- Legal Topics
- Representative Parties, Capacity to Sue, Civil Procedure Rule 5.09, Chambers Review on Procedural Adequacy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reverend James Skinner
Appellant
The Presbytery of Cape Breton within the Presbyterian Church in Canada
Respondent
The Synod of the Atlantic Provinces within the Presbyterian Church in Canada
Respondent
Procedural Posture
Appeal / Court of Appeal Review of Chambers Judge's Refusal to Appoint Representative Parties Under Civil Procedure Rule 5.09
Legal Issues
- 1 Whether the chambers judge erred in declining to appoint representative parties under Civil Procedure Rule 5.09
- 2 Whether the classes to be represented were adequately defined
- 3 Whether the named defendants are legal entities capable of suing or being sued
Ratio Decidendi
The chambers judge did not err on the material before him in finding the proposed classes were not adequately defined and therefore properly declined to appoint representative parties under Rule 5.09; additionally the named defendants are not legal entities capable of suing or being sued, and any fresh proceedings must account for that fact.
Court Disposition
Appeal dismissed without costs.
Orders
- Appeal dismissed without costs.
- Chambers judge's refusal to appoint representative parties under Rule 5.09 is upheld; fresh proceedings should address the defendants' lack of legal personality.
Full Case Text
Judgment text and source record
1 paragraphs
Skinner v. Presbytery of Cape Breton Court Court of Appeal Date 2000-09-28 Citation 2000 NSCA 107 Docket CA 163648 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Freeman, Gerald B. (Honourable Justice) (CA); Cromwell, Thomas A. (Honourable Justice) Document Type Decision Decision Content Docket No:CA163648 Date: 20000928 NOVA SCOTIA COURT OF APPEAL [Cite as: Skinner v. Presbytery of Cape Breton , 2000 NSCA 107] Freeman, Chipman and Cromwell, JJ.A. BETWEEN: REVEREND JAMES SKINNER Appellant - and - THE PRESBYTERY OF CAPE BRETON WITHIN THE PRESBYTERIAN CHURCH IN CANADA and THE SYNOD OF THE ATLANTIC PROVINCES WITHIN THE PRESBYTERIAN CHURCH IN CANADA Respondents REASONS FOR JUDGMENT Counsel: Alan J. Stanwick and David L. Parsons, Q.C., for the appellant Jamie S. Campbell for the respondents Appeal Heard: September 28, 2000 Judgment Delivered: September 28, 2000 THE COURT: The appeal is dismissed, per reasons for judgment given orally by Chipman, J.A.; Freeman and Cromwell, JJ.A., concurring. Chipman, J.A. (Orally): [1] This is an appeal from a decision of Gruchy, J. in chambers declining to appoint representative parties defendant in this proceeding, pursuant to Civil Procedure Rule 5.09. [2] We have not been persuaded that Gruchy, J. erred on the material before him in finding that the classes of persons to be represented had not been adequately defined. We do not wish our decision to be taken as foreclosing the appointment of representatives of a properly defined class of persons, or as endorsing the other bases of the chambers judge's decision. [3] It is common ground that the parties named as defendants are not legal entities capable of suing or being sued in their own names. Any fresh proceedings brought should be brought having regard to this. [4] The appeal is therefore dismissed without costs. Chipman, J.A.