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Case information

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22862

Ross Witter, as Executor of the Estate of Holly Witter v. Municipality of the County of Kings, a body corporate

(Nova Scotia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1992-09-21 Close file on Leave
1992-08-28 Copy of formal judgment on leave being prepared, Leroy M. Lenethen (Kentville,NS)
1992-08-28 Copy of formal judgment on leave being prepared, Edmund R. Saunders (Lunenburg,NS)
1992-08-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Nova Scotia (Halifax)
1992-08-20 Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is dismissed, with costs.
Dismissed, with costs
1992-08-20 Hearing of the application for leave to appeal, 1992-08-20, LaF So G
1992-08-20 All materials on application for leave submitted to the Judges, 1992-08-20, LaF So G
1992-08-20 Notice of deposit of judgment issued to all parties, Leroy M. Lenethen (Kentville,NS)
1992-08-20 Notice of deposit of judgment issued to all parties, Edmund R. Saunders (Lunenburg,NS)
1992-06-01 All materials on application for leave submitted to the Judges, LaF So G
1992-03-30 Order on motion to extend the time to file and/or serve the leave application
1992-03-27 Application for leave to appeal, as motion to extend time granted, Completed on: 1992-03-27
1992-03-27 Correspondence received from, of Mr. LeRoy M. Lenethen (original) re extension of time Municipality of the County of Kings, a body corporate
1992-03-27 Decision on motion to extend time to file and /or serve the leave application, to Feb\17\1992, G
Granted, no order as to costs
1992-03-27 Hearing of motion to extend time to file and/ or serve the leave application, 1992-03-27, to Feb\17\1992, G
1992-03-27 Submission of motion to extend time to file and/ or serve the leave application, 1992-03-27, to Feb\17\1992, G
1992-03-25 Correspondence received from, (by fax) of Mr. LeRoy M. Lenethen advising that he does not consent to the extension of time but will not appear to oppose a hearing in Ottawa Municipality of the County of Kings, a body corporate
1992-03-24 Correspondence received from, sent to Edmund R. Saunders (Lunenburg,NS) enclosing receipt for $30 filing fee.
1992-03-23 $30.00 filing fee, #25185 Ross Witter, as Executor of the Estate of Holly Witter
1992-03-19 Affidavit, of Edmund R. Saunders (5 copies) Ross Witter, as Executor of the Estate of Holly Witter
1992-03-19 Motion to extend the time to file and or serve the application for leave to appeal, to Feb. 17, 1992, 5 copies Ross Witter, as Executor of the Estate of Holly Witter
1992-03-19 General proceeding, to note 5 copies of the Trial Court formal judgment and 5 copies of page 93 with signature of counsel Ross Witter, as Executor of the Estate of Holly Witter
1992-03-04 Respondent's response on the application for leave to appeal, 5 copies Municipality of the County of Kings, a body corporate
1992-02-17 Correspondence received from, sent to Edmund R. Saunders (Lunenburg,NS) acknowledging reciept of leave application. Regret to advise that material does not comply with Court's requirements as filing fee, formal order of trial Court, signature and request for extension of time missing.
1992-02-17 Application for leave to appeal, 5 copies (Needs extension of time, formal trial Court judgment missing, signature and filing fee), with service, Incomplete Ross Witter, as Executor of the Estate of Holly Witter

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Witter, as Executor of the Estate of Holly Witter, Ross Applicant Active

v.

Main parties - Respondents
Name Role Status
Municipality of the County of Kings, a body corporate Respondent Active

Counsel

Party: Witter, as Executor of the Estate of Holly Witter, Ross

Counsel
Edmund R. Saunders
148 LINCOLN ST
PO BOX 412
LUNENBURG, Nova Scotia
B0J 2C0
Telephone: (902) 634-8895
FAX: (902) 634-8895

Party: Municipality of the County of Kings, a body corporate

Counsel
Leroy M. Lenethen
PO BOX 190
KENTVILLE, Nova Scotia
B4N 3W4
Telephone: (902) 678-6156
FAX: (902) 678-6010

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

January 21, 1991
Supreme Court of Nova Scotia, Trial Division

S.K. No. 2641

Action allowed (See file)

November 14, 1991
Nova Scotia Court of Appeal

S.C.A. No. 02467

Appeal dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Webcasts

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Date modified: 2025-02-27