Farm Credit Canada v. Wolfridge Farm Ltd. et al., 2016 NSCA 19

• Judge: Bryson, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: March 17, 2016
• Jurisdiction: Nova Scotia
• Citations: 2016 NSCA 19;(2016), 371 N.S.R.(2d) 205 (CA)

Farm Credit v. Wolfridge Farm (2016), 371 N.S.R.(2d) 205 (CA);

      1169 A.P.R. 205

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Temp. Cite: [2016] N.S.R.(2d) TBEd. MR.029

Wolfridge Farm Limited (appellant) v. Farm Credit Canada, John Early and Lydia Early (respondents)

(CA 443239; 443918; 2016 NSCA 19)

Indexed As: Farm Credit Canada v. Wolfridge Farm Ltd. et al.

Nova Scotia Court of Appeal

Bryson, J.A.

March 18, 2016.

Summary:

Farm Credit Canada applied for security for costs against Wolfridge Farm Ltd. in two appeals which would be heard together. Farm Credit also sought an order compelling Wolfridge to register under the Corporations Registration Act. Although Wolfridge was originally a Nova Scotia company, it had been exported to Delaware.

The Nova Scotia Court of Appeal, per Bryson, J.A., ordered that Wolfridge post security for costs of $3,000 with respect to each appeal. The motion to compel Wolfridge to register under the Corporations Registration Act was dismissed.

Practice - Topic 8101.1

Costs - Security for costs - General principles - Jurisdiction - Farm Credit Canada applied for security for costs against Wolfridge Farm Ltd. in two appeals which would be heard together - Although Wolfridge was originally a Nova Scotia company, it had been exported to Delaware - Mr. Early (agent for Wolfridge) urged that the court should do nothing because Wolfridge was now in Chapter 11 bankruptcy proceedings in the United States - The Nova Scotia Court of Appeal, per Bryson, J.A., stated that "Assuming that Wolfridge's appeals in Nova Scotia are authorized by United States Chapter 11 proceedings, no authority has been cited that would impede this Court's jurisdiction to order security in a proper case. As a general principle, it would be wrong for any party - let alone a foreign corporation - to enjoy the benefits of the Court's process while claiming immunity from the obligations which invoking that process entails" - The appeals were set for only half a day - The court ordered that Wolfridge post security for costs of $3,000 with respect to each appeal.

Cases Noticed:

Ketler v. Nova Scotia (Attorney General) (2016), 370 N.S.R.(2d) 196; 1165 A.P.R. 196; 2016 NSCA 15, refd to. [para. 3].

Campbell v. Lienaux (2001), 196 N.S.R.(2d) 364; 613 A.P.R. 364; 2001 NSCA 122, refd to. [para. 3].

Bonang v. Wolfridge Farm Ltd. (2015), 360 N.S.R.(2d) 331; 1135 A.P.R. 331; 2015 NSSC 168, refd to. [para. 4].

Counsel:

John T. Early, III, agent for the appellant;

Jeffrey P. Flinn, for the respondent.

This motion was heard in Chambers, on March 17, 2016, in Halifax, N.S., before Bryson, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision on March 18, 2016.