Date: 20001117
Docket: A-371-00
| C O R A M: STRAYER J.A. |
B E T W E E N:
FREDERICK BLACK
Appellant
-- and --
THE CREDITORS OF THE NsC DIESEL POWER INC.
Respondent
-- and--
THE SUPERINTENDENT OF BANKRUPTCY
Intervener
REASONS FOR ORDER
STRAYER J.A.
[1] This "Motion for Reconsideration and for Consent Reversal" must be dismissed for several reasons.
| (1) The moving party does not demonstrate that his motion meets any of the criteria for setting aside an order as specified in Rule 399. If such criteria are not met, I am unable to review a final order which I have already issued. |
| (2) The consent for reversal of the appeal as filed, even if validly proven in respect of some of the respondents, the Creditors of the Estate of NsC Diesel Power Inc., does not represent a consent by the other party who is a respondent to the appeal by order of this Court, namely the Superintendant of Bankruptcy. |
| (3) The material is not proper for proving the consent of the Creditors/Trustees of the Estate: it would require an affidavit for the Court to be able to satisfy itself as to who were the proper representatives of the Estate and that a majority of them had approved such a consent. |
| (4) The material is generally inadequate for lack of a supporting affidavit. |
[2] This is an appeal from an interlocutory order made in favour of an intervener in a motion before the application judge. If the moving party wishes to challenge here the validity of that order or the entitlement of the Superintendent of Bankruptcy to obtain it, then he should devote his efforts to advancing his appeal in this Court instead of trying to deny standing here to a person who obtained the order under appeal and who thereby became entitled by paragraph 338(1)(a) of the Rules to be a party to the appeal.
(s) "B.L. Strayer"
J.A.