Moffat v. Rawding, (1970) 1 N.S.R.(2d) 489 (TD)

• Judge: Gillis, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 02, 1970
• Jurisdiction: Nova Scotia
• Citations: (1970), 1 N.S.R.(2d) 489 (TD);1970 CanLII 931 (NS SC);11 DLR (3d) 216;1 NSR (2d) 489

Moffat v. Rawding (1970), 1 N.S.R.(2d) 489 (TD)

MLB headnote and full text

Moffat v. Rawding

Indexed As: Moffat v. Rawding

Nova Scotia Supreme Court

Trial Division

Gillis, J.

January 2, 1970.

Summary:

The Court granted the plaintiff an enlargement of time for the service of a Writ of Summons which had been issued but due to the laxity of the plaintiff's lawyer was not served within the prescribed time of 12 months.

The Court referred to the circumstances of the application and made a finding that the defendant was not misled by the plaintiff and that if the application was granted, the defendant would not suffer any substantial injustice or be prejudiced in his defence.

The Court declined to interpret the Rules of Court in a rigid and restrictive manner which would defeat the plaintiff's cause of action without an opportunity for a trial on the merits.

Practice - Topic 2405

Writ of Summons - Application to enlarge time for renewal and service of Writ of Summons - Rules of Court, Order VIII, rule 1, Order LX, rule 5 - The Nova Scotia Supreme Court, Trial Division, granted the application.

Cases Noticed:

Holman v. Geo. Elliot & Company, Limited, [1944] K.B. 591, folld.

Battersby and Others v. Anglo-American Oil Company Limited and Others, [1945] K.B. 23, not folld.

Sheldon v. Brown Bagley's Steel Works, Ltd. and Dawnays Ltd., [1953] 2 Q.B. 393, folld.

Robinson v. Cornwall, [1951] 4 D.L.R. 161, folld.

Brown and Brown v. Humble (1960), 21 D.L.R.(2d) 38, folld.

Willson v. Federated Mutual Etc. Ins. Co., [1962] O.W.N. 193, folld.

Fuleki v. Lapain, [1968] 2 O.R. 860, folld.

Simpson v. Saskatchewan Government Insurance Office, [1968] 65 D.L.R.(2d) 324; [1967] 61 W.W.R. 741, folld.

Statutes Noticed:

Rules of Court, Order VIII, rule 1.

Rules of Court, Order LX, rule 5.

Counsel:

R. N. Pugsley, and J.G. Godsoe, for the plaintiff;

L.A. Bell, Q.C., for the defendant;

K.L. Taylor, Q.C., and J.P. Cochrane, also in attendance.