CASE NO. VOL. NO. PAGE
Cite as: Higgins v. Saunders, 1998 NSCA 197
STEPHEN HIGGINS - and - DOUGLAS SAUNDERS
Appellant Respondent
C.A. No. 145737 Halifax CHIPMAN, J.A.
APPEAL HEARD: November 24, 1998
JUDGMENT DELIVERED: November 24, 1998
WRITTEN RELEASE OF ORAL: November 26, 1998
SUBJECT: SMALL CLAIMS COURT - Appeal to Supreme Court - requirements to be met by adjudicator under s. 32(4) of the Small Claims Court Act
SUMMARY: An adjudicator rendered a decision between the parties and upon receipt of a copy of a notice of appeal to the Supreme Court, the adjudicator simply appended his seven page decision. The Supreme Court held that in the circumstances this constituted compliance with the provisions of s. 32(4) of the Small Claims Court Act. The appeal was dismissed.
ISSUE: Whether the Supreme Court judge erred in finding that the adjudicator complied with the provisions of s. 32(4) of the Act.
RESULT: The Nova Scotia Court of Appeal held that in the circumstances of this case the adjudicator complied with the statutory requirement. His decision clearly revealed findings of fact and law so as to enable the Supreme Court to determine whether any of the grounds of appeal listed in s. 32(1) of the Act existed. Appellant’s counsel conceded that the adjudicator’s decision addressed all of the issues raised.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT FROM THIS COVER SHEET. THE FULL COURT DECISION CONSISTS OF 2 PAGES. |