Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

PARANET SERVICES INC., a                                                   ROBERT BRETT BAREFOOT

body corporate, carrying on business

under the name ATLANTIC BUILDING

SYSTEMS

                                                                         - and -                                                                        

(Appellant)                                                                                                                  (Respondent)

CA 161677                                               Halifax, N.S.                                       BATEMAN, J.A.

                   [Cite as: Atlantic Building Systems v. Barefoot, 2000 NSCA 75]

APPEAL HEARD:                                 May 29, 2000

JUDGMENT DELIVERED:                 June 7, 2000

SUBJECT:         Affidavits; Civil Procedure Rule 48 (recovery order)

SUMMARY:        Respondent Barefoot obtained an ex parte recovery order for a container of building supplies provided by appellant ABS.  ABS had contracted to build a house for Barefoot in Sapporo, Japan.  A dispute arose about payment of an  account and ABS re-routed the container which was on route to Sapporo.  ABS applied for relief pursuant to Rules 48.06 and 48.08.  Application was dismissed by chambers judge.  ABS appealed.

ISSUES:              Did the chambers judge err in dismissing the application?

RESULT:            The affidavit material filed by ABS in support of its application was so defective as to not be admissible.  Accordingly the judge had no evidence before him to support the relief sought by the appellant.  Appeal dismissed.