Scaravelli & Assoc. v. Quinlan, 2005 NSSM 7

Court:Small Claims Court of Nova Scotia
Case Date:November 10, 2005
Jurisdiction:Nova Scotia
Citations:2005 NSSM 7;(2005), 241 N.S.R.(2d) 64 (SmCl)
 
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Scaravelli & Assoc. v. Quinlan (2005), 241 N.S.R.(2d) 64 (SmCl);

    767 A.P.R. 64

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Temp. Cite: [2006] N.S.R.(2d) TBEd. MR.014

Scaravelli & Associates, Barristers and Solicitors (applicant) v. David Quinlan (respondent)

(S.C.C.H. 209478; 2005 NSSM 7)

Indexed As: Scaravelli & Associates v. Quinlan

Nova Scotia Small Claims Court

Giles, Chief Adjudicator

November 10, 2005.

Summary:

The claimant brought a Small Claims action. An order issued for $8,356.89. The claimant applied ex parte for an Order for Discovery in Aid of Execution.

An Adjudicator of the Nova Scotia Small Claims Court ruled that he had jurisdiction under s. 31(1) of the Small Claims Court Act to compel the defendant to attend a discovery in aid of execution. The Adjudicator issued the Order for Discovery in Aid of Execution.

Courts - Topic 6209

Provincial courts - Nova Scotia - Small Claims Court - Jurisdiction - Adjudicator - The claimant brought a Small Claims action - An order issued for $8,356.89 - The claimant applied ex parte for an Order for Discovery in Aid of Execution - Section 31(1) of the Small Claims Court Act provided that "an order of the court may be enforced in the same manner as an order of the Supreme Court and section 45 of the Judicature Act applies" - An Adjudicator of the Nova Scotia Small Claims Court held that he had jurisdiction under s. 31(1) to make an Order for Discovery in Aid of Execution - The Small Claims Court, within its statutory limits, had jurisdiction that was concurrent with the Supreme Court - It would be an odd thing if the Legislature chose to establish a civil forum for the resolution of small claims but then neglected to afford that forum some enforcement procedures - In its plain and ordinary meaning, s. 31(1) imported the enforcement provisions of the Civil Procedure Rules.

Execution - Topic 8002

Examination in aid of execution - General - When available (incl. jurisdiction) - [See Courts - Topic 6209 ].

Practice - Topic 9767

Small claims - Jurisdiction - General - [See Courts - Topic 6209 ].

Cases Noticed:

Wickwire Holm v. Wilkes (2005), 237 N.S.R.(2d) 197; 754 A.P.R. 197 (Sm. Cl.), folld. [para. 5].

Markevich v. Minister of National Revenue, [2003] 1 S.C.R. 94; 300 N.R. 321; 2003 SCC 9, refd to. [para. 13].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 53.15 [para. 11].

Rules of Civil Procedure (N.S.) - see Civil Procedure Rules (N.S.).

Rules of Court (N.S.) - see Civil Procedure Rules (N.S.).

Small Claims Court Act, R.S.N.S. 1989, c. 430, sect. 31(1) [para. 7].

Authors and Works Noticed:

Driedger, Elmer A., Construction of Statutes (2nd Ed. 1983), p. 87 [para. 13].

Counsel:

None disclosed.

This application was heard by Giles, Chief Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision on November 10, 2005.

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