2018 NLCA 28, 2018 NLCA 28
Opinion
William Vincent (appellant/applicant) v. Qalipu Mi’Kmaq First Nation Band (respondent) (18/33) Indexed As: Vincent v. Qalipu Mi’Kmaq First Nation Band 2018 NLCA 28 2 C.A.N.L.R. 768 Court of Appeal of Newfoundland and Labrador Welsh J.A. May 9, 2018
Summary: The appellant was a director of corporations which were defendants in a trade marks dispute with the respondent First Nation Band. The Trial Division dismissed his application to be added as a defendant. He applied for an extension of time to file a notice of appeal. Held: Application dismissed. Welsh J.A.: The appellant had no interest in the litigation separate from the corporations. The corporations were represented by counsel and the pleadings had been filed.
There was no arguable basis for the appeal and, therefore, no basis on which to grant the application for an extension of time to file a notice of appeal. The application was dismissed. Counsel: Appearing on his own behalf, the appellant/applicant; Rebecca Marshall, for the respondent. This application was heard and decision rendered orally on May 8, 2018 by Welsh J.A.
The following Memorandum of Disposition was filed on May 9, 2018 by Welsh J.A. ______________________________________________________________ Welsh J.A.: [ 1 ] William Vincent applied for an extension of time to file a notice of appeal regarding the decision of a Supreme Court judge dismissing his application to be added as a defendant in the action styled Qalipu Mi’kmaq First Nation Band v. Qalipu Residential Maintenance Limited et al . The action involves a trade marks dispute between the First Nation Band and the defendant corporations. All the corporations are represented by counsel.
Statements of Claim and Defence have been filed. Mr. Vincent, a director of the defendant companies, has no interest in the litigation separate from the corporations. In the circumstances, I could see no arguable basis for the appeal and, therefore, no basis on which to grant the application for an extension of time to file a notice of appeal. [ 2 ] Accordingly, the application was dismissed. Application dismissed .
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