Case information
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36826
Tricy Chun Ying Li v. MacNutt & Dumont, et al.
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-09-21 | Close file on Leave | |
| 2016-09-21 | Certificate of taxation issued to, Mr. Ian R. Dunbar | |
| 2016-09-21 | Correspondence (sent by the Court) to, all parties, re: cover letter and certificate of taxation | |
| 2016-09-21 | Decision on the bill of costs, in the amount of $953.03, Reg | |
| 2016-09-21 | Submission of the bill of costs, Reg | |
| 2016-08-30 | Bill of costs, Completed on: 2016-09-20 | MacNutt & Dumont |
| 2016-05-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-27 | Judgment on leave sent to the parties | |
| 2016-05-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 437681, dated November 24, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-04-11 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-03-04 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-03) | Tricy Chun Ying Li |
| 2016-03-04 | Notice of name, (Letter Form), (Electronic version filed on 2016-03-03) | Tricy Chun Ying Li |
| 2016-03-04 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-03-04, (Electronic version filed on 2016-03-03) | Tricy Chun Ying Li |
| 2016-02-29 | Notice of name, (Letter Form), (Electronic version filed on 2016-02-26) | MacNutt & Dumont |
| 2016-02-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-26) | MacNutt & Dumont |
| 2016-02-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-02-29, (Electronic version filed on 2016-02-26) | MacNutt & Dumont |
| 2016-02-01 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2016-02-01. | |
| 2016-02-01 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-01) | Tricy Chun Ying Li |
| 2016-01-19 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-01-13 | Book of authorities, (Book Form) | Tricy Chun Ying Li |
| 2016-01-13 | Application for leave to appeal, (Book Form), Completed on: 2016-01-13 | Tricy Chun Ying Li |
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
| Name | Role | Status |
|---|---|---|
| Li, Tricy Chun Ying | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| MacNutt & Dumont | Respondent | Active |
| Walters, Matthew T. | Respondent | Active |
Counsel
Party: Li, Tricy Chun Ying
This party is not represented by counsel.
Party: MacNutt & Dumont
Counsel
1300-1969 Upper Water Street
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 2V1
Party: Walters, Matthew T.
Counsel
1300-1969 Upper Water Street
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 2V1
Summary
Keywords
None.
Summary
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Torts – Territorial jurisdiction – Forum non conveniens – Claim for unpaid salary and commissions – Whether the Nova Scotia Supreme Court has jurisdiction to hear the claim? – Court Jurisdiction and Proceedings Transfer Act, S.N.S. 2003 (2nd SESS.), c. 2.
The Applicant alleges she was fired from her previous employment and as a result, claimed to be owed unpaid salary and commissions of less than $10,000.00. The Applicant had, after being dismissed, filed a complaint before the Nova Scotia Labour Standards Division (NSLSD). Subsequently, her former employer filed a claim against her in Prince-Edward-Island (PEI) alleging a breach of fiduciary duty. The Applicant retained the Respondents to defend against this action in PEI. The Respondents also filed a counter-claim for unpaid salary and commission. When this counter-claim was brought to its attention, the NSLSD discontinued its investigation in accordance with s. 83(3) (a) of the Nova Scotia Labour Standards Code. This would have deprived the Applicant of a statutory lien. The Respondents subsequently removed themselves as solicitor of record. The Applicant commenced an action for negligence against the Respondents before the Small Claims Court of Nova Scotia which was dismissed for lack of jurisdiction. The Applicant commenced these proceedings in the Nova Scotia Supreme Court on the same basis.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
No. 432249, 2015 NSSC 53
Respondents ‘motion to stay action on basis of jurisdiction granted: action stayed.
Nova Scotia Court of Appeal
CA 437681
Appeal dismissed with costs.
Filed documents
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 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 613-996-8666 or at 1-844-365-9662.
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
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Related links
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 613-996-8666 or at 1-844-365-9662.
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available