SUPREME COURT OF NOVA SCOTIA
Citation: Nelson v. Queripel, 2011 NSSC 478
Date: 20111222
Docket: Ken No. 189394
Registry: Kentville
Between:
Jennifer Kathleen Nelson
Plaintiff
v.
Gregory Queripel
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P Moir
Heard: December 6, 2011
Written Reasons: December 22, 2011
Subject: Civil Procedure; Place of Trial; Change of Venue
Summary: Plaintiff, who had nominated Kentville as the place of trial, moves to change it to Halifax after the defendant made a request to set trial dates. Defendant opposed the motion and sought the appointment of trial dates in Kentville.
Issue: Whether Shortliffe's Grocery, which required strong evidence of a "great preponderance of convenience", applies under new Rule 47.04.
Result: The new Rule does not protect the plaintiff's selection of trial venue. Rather, it creates a general discretion for the court to choose the place that is the more just. That would be Kentville in the circumstances.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.