Scott Slipp Nissan Ltd. v. Dartmouth Dodge Chrysler (1991) Inc.
The application for leave to appeal was dismissed because, in light of the trial judge's clear findings of fact, the proposed appeal did not raise a fairly arguable point.
Source-derived case information.
- Citation
- 2003 NSCA 98
- Parties
- Appellant: Scott Slipp Nissan Limited; Respondent: Dartmouth Dodge Chrysler (1991) Inc.; Respondent: Adesa Auctions Canada Corporation
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 September 2003
- Procedural Posture
- Leave to Appeal Application (court of Appeal) / Application for Leave to Appeal Dismissed
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Costs Award, Standard of Review, Findings of Fact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Scott Slipp Nissan Limited
Appellant
Dartmouth Dodge Chrysler (1991) Inc.
Respondent
Adesa Auctions Canada Corporation
Respondent
Procedural Posture
Leave to Appeal Application (court of Appeal) / Application for Leave to Appeal Dismissed
Legal Issues
- 1 Whether the appeal raised a fairly arguable point warranting leave to appeal
- 2 Whether the Court should interfere with trial judge's findings of fact
- 3 Appropriate costs for a dismissed leave application
Ratio Decidendi
The application for leave to appeal was dismissed because, in light of the trial judge's clear findings of fact, the proposed appeal did not raise a fairly arguable point.
Court Disposition
Application for leave to appeal dismissed
Orders
- Appellant shall pay to each of the respondents costs fixed at $750 inclusive of disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Scott Slipp Nissan Ltd. v. Dartmouth Dodge Chrysler (1991) Inc. Court Court of Appeal Date 2003-09-24 Citation 2003 NSCA 98 Docket 190874 Judge/Registrar/Adjudicator Cromwell, Thomas A. (Honourable Justice); Oland, Linda L. (Honourable Justice); Hamilton, M. Jill (Honourable Justice) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Scott Slipp Nissan Ltd. v. Dartmouth Dodge Chrysler (1991) Inc., 2003 NSCA 98 Date: 20030924 Docket: 190874 Registry: Halifax Between: Scott Slipp Nissan Limited Appellant v. Dartmouth Dodge Chrysler (1991) Inc. and Adesa Auctions Canada Corporation Respondents Judges: Cromwell, Oland and Hamilton, JJ.A. Appeal Heard: September 24, 2003, in Halifax, Nova Scotia Written Judgment: September 24, 2003 Held: Application for leave to appeal dismissed per oral reasons for judgment of Cromwell, J.A.; Oland and Hamilton, JJ.A. concurring. Counsel: Walter Newton, Q.C. and Bill Watts, for the appellant Charles Ford, for the respondent Dartmouth Dodge Chrysler (1991) Inc. Colin D. Piercey, for the respondent Adesa Auctions Canada Corporation Reasons for judgment: [1] Scott Slipp Nissan Limited (“Slipp”) applies for leave to appeal a costs order made by Stewart, J. after trial. [2] In light of the clear findings of fact by the trial judge, we are of the view that this appeal does not raise a fairly arguable point. The application for leave to appeal is therefore dismissed. [3] The appellant shall pay to each of the respondents costs fixed at $750 inclusive of disbursements. Cromwell, J.A. Concurred in: Oland, J.A. Hamilton, J.A.