What is the analytical framework used by the Court of Appeal in disposing of an application for leave of execution?

Nova Scotia, Canada


The following excerpt is from McDermott Gulf Operating Company v. Oceanographia Sociedad Anonima de Capital Variable, 2010 NSSC 118 (CanLII):

The Nova Scotia Court of Appeal, in Bouch v. Penny 2009 NSCA 80, at paragraph 29, cited with approval the analytical framework adopted by Justice Wright in disposing of this type of application. The relevant provision of his decision is reported at 2008 NSSC 378:

Other Questions


In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
What is the test for an application for leave to terminate a relationship where the application is based on the best interest of the child? (Nova Scotia, Canada)
What is the test for extending the time to appeal against a decision by the Court of Appeal? (Nova Scotia, Canada)
What is the impact of a determination by the appeal panel or by the court of appeal? (Nova Scotia, Canada)
Can an appeal against a sentencing decision be heard by the Court of Appeal? (Nova Scotia, Canada)
When will the court grant an original mobility application against a variation application? (Nova Scotia, Canada)
Does the Court of Appeal have any authority to intervene in an application for support or maintenance? (Nova Scotia, Canada)
What are the grounds of appeal in a case brought by the Court of Appeal? (Nova Scotia, Canada)
What is the limitation period for an application to the Court of Appeal against a Minister's decision that exceeds his jurisdiction? (Nova Scotia, Canada)
What is the palpable and overriding error of a judge at the Court of Appeal? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.