Newfoundland and Labrador Gazette — printer gazette weekly issues 2011 feb 10 2012

printer gazette weekly issues 2011 feb 10 2012

Newfoundland and Labrador — Gazette

47 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, FEBRUARY 10, 2012 No. 6 JUDICATURE ACT RULES OF THE SUPREME COURT OF NEWFOUNDLAND, 1986 COURT OF APPEAL PRACTICE NOTE CAPN No. 2012-02 DATE ISSUED: February 6, 2012 RULES AFFECTED: Rule 57 EFFECTIVE DATE: Upon publication The following Practice Note was filed with the Office of th e Registrar, as Secretary of the Rules Committee of the Court of Appeal, and is published pursuant to Rule 57.31(3) of the Rules of the Supreme Court, 1986. Civil Appeal Procedures Involving Children Background and Purpose 1.

At present the rules of court apply equally to all civil appeals, including those where the interests of a child may be directly affected. 2.

In some cases where the interests of a child are potentially directly affected by the outcome of an appeal, the Court has expressed concern about potential adve rse consequences resulting from delay in conduct of the proceeding and has noted also that the child’s circumstances may have changed since the time of the original judgment such that any variation on appeal, even if legally justified on the basis of the trial record, might be counterproductive to the current No Subordinate Legislation received at time of printing

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 48 interests of the child. See for example, J.F. v. T.P.S. , 2011 NLCA 70 at paragraphs 15-16; and M.W. v. Director of Child, Youth and Family Services, 2011 NLCA 76 at paragraph 19. 3. All steps should be taken by counsel, and the Court itself, to ensure to the extent possi ble, that appe al proceedings respecting children should be processed to conclusion expeditiously. 4. To respond to this concern, the Rules Committee of the Court of Appeal has recently passed an amendment to Rule 57.11.

The amendments were published in The Newfoundland and Labrador Gazette on February 3, 2012 as NLR 10/12 and are effective immediately. They can be accessed on line at: http://www.assembly.nl.ca/legislation/sr/annualregs/2012/nr120010.htm Practice Note 5. Counsel contemplating an appeal from an order affecting the interests of a child should familiarize themselves with the provisions of rule 57.11(2) – (6) and comply with its letter and spirit. 6. The rules in question apply to all a ppeals and any related proceeding where the interests of a child may be directly affected by the outcome of an appeal.

This includes appeals involving; – custody; – access; – protective intervention for a child; – guardianship of a child or of the estate of a child; – child support; – possession of a matrimonial home where s. 15(3)(

a) of the Family Law Act applies; – the application of a domestic contract where s. 66(1) of the Family Law Act applies; – change of a child’s name. 7. Counsel should strive to work co-opera tively to perfect the appeal and should take all steps needed to expedite the preparation of any necessary transcripts and the filing of the appeal book and factums notwithstanding that the time available under the rules has not expired. Cases falling within the scope of this Practice Note must be given priority.

For example, counsel will be regarded as having the obligati on to follow-up regularly to ensure that the preparation of the transcript occurs in a timely way and, if necessary, require its preparation, if it is lengthy, on an overtime basis. 8. When the Deputy Registrar attempts to contact counsel for the purpose of cons ultation pursuant to rule 57.11(3) and is unsuccessful, counsel must attempt to make return contact on a priority basis. 9.

Where a party or his or her counsel, or the Deputy Registrar, believes that the objective of the amendment to rule 57.11 can be better achieved by a form of pre-hearing intervention by the Court, he or she may, on notice to all other parties, request the Chief Justice by letter to make an order or give directions pursuant to rule 57.11(6).

The Chief Justice may, if he or she considers it appropriate to do so, give inte rim directions without hearing from the parties or request the Deputy Registrar to consult with all parties to determine if agreement can be reached as to the desirability of the suggested intervention or some variation thereof, or may, on notice to all parties, set the matter down for a hearing before a judge of the Court with directi ons as to what material, if any, should be filed to expedite resolution of the issue.

Authorized by: CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Derek Green Debbie Brennan, Deputy Registrar (for the Registrar of the Supreme Court of Newfoundland and Labrador Secretary, Rules Committee of the Court of Appeal) Feb 10

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 49 CORPORATIONS ACT NOTICE IN THE MATTER of the Corporations Act, RSNL 1990 cC-36, and in the matter of COMTECH COMMUNICATIONS INC., Corporation number 58257. Notice of Issuance of Certificate of Intent to Dissolve TAKE NOTICE that on January 10 th, 2012, the Registrar of Companies for the Provin ce of Newfoundland and Labrador issued a Certificate of Intent to Dissolve in relation to COMTECH COMMUNICATIONS INC., which has now stopped carrying on business, except to the extent necessary for its dissolution.

It is currently in the process of collecting its property for di stribution to its shareholders and discharging its obligations. If you claim to be a creditor of this corporation, you are directed to forward particulars of the nature of your claim to the Solicitors for the Corporation at the address below on or before March 16th, 2012, the date set for the distribution of the Corporation’s assets to its shareholders. Dated at Corner Brook, Newfoundland and Labrador this 6th day of February, 2012. KING PENNEY AND BROWN Barristers and Solicitors Solicitors for COMTECH COMMUNICATIONS INC. PER: David A. King Q.C.

ADDRESS FOR SERVICE: 37 West Street Corner Brook, NL A2H 2Y6 Tel: (709) 634-9888 Fax: (709) 634-1497 Email: dking@kingpenney.com URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 529, 2012 TAKE NOTICE that the ST. JOHN’S Development Regulations Amendment Number 529, 2012 adopted on the 16th day of January, 2012, has been registered by the Minister of Municipal Affairs. In general terms, the purpose of Development Regulations Amendment Number 529, 2012 is to introduce “Heritage Use” as a Discretionary Use in the Commercial Office (CO) Zone.

This Amendment comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of it may do so at the Department of Pl anning, St. John’s City Hall during regular business hours. CITY OF ST.

JOHN’S Cliff Johnston, MCIP - Director of Planning Feb 10 NOTICE OF REGISTRATION TOWN OF CHAPEL ARM MUNICIPAL PLAN AMENDMENT #1, 2011 AND DEVELOPMENT REGULATION AMENDMENT #1, 2011 TAKE NOTICE that the TOWN OF CHAPEL ARM Municipal Plan Amendment No.1, 2011 and Development Regulation Amendment No. 1, 2011, adopted on the 28 th day of September, 2011, and approved on the 21 st day of December, 2011, has been registered by the Minister of Municipal Affairs.

In general terms, the pu rpose of Municipal Plan Amendment No. 1, 2011 is to re designate the lands either side of Arch Path and Wood Path and the south of the hydro transmission line for a pproximately 500 meters from “Rural” to the “Urban” land use class. In general terms, the purpose of Development Regulations Amendment No. 1, 2011 is to r ezone land either side of Arch Path and Wood Path fo r approximately 500 meters south of the hydro transmission line from the Rural Special (R-

S) zone to the Mixed Development (MD) zone. The Municipal Plan Am endment No.1, 2011 and Development Regulations Am endment No.1, 2011 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the proposed Municipal Plan Amendment No.1, 2011 and Development Regulations Amendment No.1, 2011 may do so at the Town Office, Chapel Arm during working hours.

TOWN OF CHAPEL ARM Cecil Warren, Mayor Feb 10 NOTICE OF REGISTRATION TOWN OF EASTPORT MUNICIPAL PLAN, 2011-2021 AND DEVELOPMENT REGULATIONS, 2011-2021 TAKE NOTICE th at the TOWN OF EASTPORT Municipal Plan and Devel opment Regulations, 2011-2021, adopted on the 5th day of February, 2009, and approved (as amended) on the 11th day of May, 2011 has been registered by the Minister of Municipal Affairs. The Eastport Municipal Plan and Development Regulations come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette . Anyone who

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 50 wishes to inspect a copy of these documents may do so at the Town Office during normal working hours. TOWN OF EASTPORT Cynthia Bull, Town Clerk Feb 10 OUIETING OF TITLES ACT 2011 01 G-7677 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER of the Quieting of Titles Act , RSNL 1990, cQ-3 AND IN THE MATTER of property situate at Oliver’s Pond Road, Portugal Cove-St.

Philip’s, in the Province of Newfoundland and Labrador, here inafter referred to as “Parcel A” AND IN THE MATTER of property situate at Oliver’s Pond Road, Portugal Cove-St. Philip’s, in the Province of Newfoundland and Labrador, here inafter referred to as “Parcel B” AND IN THE MATTER of property situate at Oliver’s Pond Road, Portugal Cove-St. Philip’s, in the Province of Newfoundland and Labrador, here inafter referred to as “Parcel C” AND IN THE MATTER of property situate at Oliver’s Pond Road, Portugal Cove-St.

Philip’s, in the Province of Newfoundland and Labrador, here inafter referred to as “Parcel D”, ALL OF WHICH are collectively referred to as the “Property”, being particularly described and delineated in

Schedule “A” annexed hereto AND IN THE MATTER of the Application of AUSTIN and JEAN TUCKER, both of Portugal Cove-St. Philip’s, in the Province of Newfoundland and Labrador, with respect to the Property. NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, RNSL 1990, cQ-3. NOTICE is hereby given to all parties that AUSTIN TUCKER and JEAN TUCKER, of Portugal Cove-St.

Philips, in the Province of Newfoundland and Labrador, have applied to the Supreme Court of Newfoundland and Labrador Trial Division to have the title to ALL THAT piece or parcel of land situate and being located at Oliver’s Pond Road, Portugal Cove-St. Philip’s, in the Province of Newfoundland and Labrador, aforesaid, and more particularly described and delineated in the

Schedule hereunto annexed and marked “A”, of which the said AUSTIN TUCKER and JEAN TUCKER claim on their behalf to be the owners, investigated and for a declaration that the said AUSTIN TUCK ER and JEAN TUCKER are the absolute owners thereof subject to the rights of those claiming through them, and the said AUSTIN TUCKER and JEAN TUCKER having been ordered Notice of the said application to be publis hed as required by the above- named Act.

All persons having title adverse to the said title claimed by the said AUSTIN TUCKER and JEAN TUCKER shall file in the Registry of the Supreme Court of Newfoundland and Labrador at St. John's particulars of such adverse claim and serve the same together with an Affidavit verifying the same on the undersigned Solici tor for the Applicant on or before the 26 th day of February, 2012, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. Dated at St. John's, this 26th day of January, 2012. McDONALD & HOUNSELL LAW OFFICES Solicitors for the Applicant PER: Susan C. Hounsell ADDRESS FOR SERVICE: 74 O'Leary Avenue St. John's, NL A1B 2C7 Tel: 709-726-9818 Fax: 709-726-9849

SCHEDULE “A” BOUNDARY DESCRIPTION Parcel "B", " C" & "D" Combined Reserved Road off Olivers Pond Road, in the Town of Portugal Cove-St Phillip's, in the Province of Newfoundland and Labrador, Canada.

BEGINNING at a point. said point having the following NAD83 coordinates in Zone I of the Transverse Mercator Projection as modified for the Province of Newfoundland and Labrador: N 5 272 225,083 metres E 317 454,144 metres THENCE running along land of Leith Quinton, registered in Roll 68, Frame 2829 in the Registry of Deeds of Newfoundland and Labrador S45" 26'00"E for a distance of 276.483 metres; THENCE running along land reserved for the City of St, John's S20"49'00"W for a distance of 79.155 metres and S62°04'35"W for a distance of 136.332 metres; THENCE running along land now or formerly the Horan Estate registered in Vol. 65A, Fol. 86 in the Registry of Crown Grants of Newfoundland and Labrador N28"50'20"W for a distance of 127.737 metres,

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 51 S54°46'00"W for a distance of 25.609 metres, S49°43' 40"W for a distance of 161.413 metres and S55°25'19"W for a distance of 184.625 rnetres: THENCE running along land of the City of St.

John's, registered in Roll 46, Frame 1243 in the Registry of Deeds of Newfoundland and Labrador S69°34'00"W for a distance of 50.990 metres; THENCE running along land of now or formerly David Sharpe, registered in Vol. 2463, Fol. 275 in the Registry of Crown Grants of Newfoundland and Labrador N24°47'01"W for a distance of 78.420 metres; THENCE running along land of now or formerly Gordon and Catherine Bradbury N25°39' 43"W for a distance of 27.150 metres and N27°29'11"W for a distance of 37.345 metres; THENCE running along land of Gordon and Catherine Bradbury registered in Roll 8739, Frame 662 in the Registry of Deeds of Newfoundland and Labrador N32°15'49"W for a distance of 97.453 metres; THENCE running along land of now or formerly Robert King N30°02'30''W for a distance of 23.544 metres; THENCE running along the southern limit of a Reserve Rood, being 20.117 rnetres wide, N64°58'05"E for a distance of 309.765 metres, N6 6°00'34"E for a distance of 21.346 metres, N66°33'45"E for a distance of 30.073 metres, N66°I5'54"E for a distance of 29.768 metres, N64"37'45"E for a distance of 41.142 metres and N61°42'45"E for a distance of 102.864 metres, more or less, to the Point of Beginning: All bearings are Grid North NAD83 in Zone 1 of the Transverse Mercator Projection as modified for the Province of Newfoundland and Labrador; The above described piece or parcel of land contains an area of 14.755 hectares, more or less, and is more particularly shown, on the dr awing hereto attached dated 2011 01 31.

This description and accompanying plan are integral parts necessary to adequately refl ect the legal boundary of the subject property and therefore invalid if separated, .

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 52 Feb 3 & 10

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 53 2011 04T 00192 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, cQ-3, RSNL 1990 NOTICE IS HEREBY given to all parties that ANNE MARIE YOUNG and GERALD YOUNG (hereinafter called the “Applicants”), have applied to the Supreme Court of Newfoundland and Labrador, Trial Division, at Corner Brook, Newfoundland and Labrador, to have the title to ALL THOSE certain lots, pieces or parcels of land situate, lying and being at Fl at Bay, in the Province of Newfoundland and Labrador, Ca nada, more particularly described in

Schedule AA@ and

Schedule AB@ hereto annexed of which ANNE MARIE YOUNG and GERALD YOUNG claim to be the owners thereof, investigated, and for a Declaration that ANNE MARIE YOUNG and GERALD YOUNG are the absolute owners thereof subject to the rights of those claiming through them and the said Applicants have been ordered to publish a Notice of the Application as required by the above-noted Act.

All persons having title adverse to the said title claimed by the said ANNE MARIE YOUNG and GERALD YOUNG shall file in the Registry of Supreme Court of Newfoundland and Labrador, Trial Division, at Corner Brook, Newfoundland and Labrador, particulars of such adverse claim and serve the same, together with an Affidavit verifying same, on the undersigned solicitor for the Applicants on or before the 10 th day of March, 2012, after which date no party having any claim shall be permitted to file same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall then be investigated in such manner as the said Supreme Court may direct. DATED at Stephenville, in the Province of Newfoundland and Labrador this 18th day of September, 2011. MILLS & GALLANT Solicitor for the Applicants PER: David A. Mills, Q.C. ADDRESS FOR SERVICE: P. O. Box 447, 87 Gallant Street Stephenville, NL A2N 3A3 Tel: (709) 643-5688 Fax (709) 643-2906 Email: dmills@nfld.net

SCHEDULE “A” DESCRIPTION Land Surveyed for Jerry Young Lot 1, Off-Main Road, Flat Bay, NL All that piece or parcel of la nd situate and being at Flat Bay, District of St.

George’s-Stephenville East, Newfoundland and Labrador, Canada, abutted and bounded as follows, That is to say; Beginning at a point N 3°42'38" E a distance of 257.077 metres from Control Monument number 84G4148, THENCE by land of Jerry Young S 65°37'24" W, a distance of 47.371 metres, THENCE by Crown Land N 14° 41’ 48” W a distance of 48.237 metres; THENCE N 66°37'08" W a distance of 46.226 metres, THENCE by the sideline of a Public Road S 15°54'35" E a distance of 47.262 metres to the point of beginning, The herein described piece or parcel of land contains an area of 2209.3 square metres and is more particularly shown and delineated on the plan number 3002-2 hereto attached, All bearings refer to the meridian of fifty-eight degrees thirty minutes west longitude of the Three Degree Transverse Mercator Projection (NAD 83).

SCHEDULE “B” DESCRIPTION Land Surveyed for Jerry Young Lot 2, Off-Main Road, Flat Bay, NL All that piece or parcel of la nd situate and being at Flat Bay, District of St.

George’s-Stephenville East, Newfoundland and Labrador, Canada, abutted and bounded as follows, That is to say; Beginning at a point N 5°24'32" E a distance of 176.912 metres from Control Monument number 84G4148, THENCE by land of John Snook N 9°10'45" W, a distance of 61.651 metres, THENCE by land of Jerry Young S 17°51'56" E a distance of 32.204 metres, THENCE S 0°05'06" W a distance of 30.211 metres to the point of beginning, The herein described piece or parcel of land contains an area of 149.9 square metres an d is more particularly shown and delineated on the plan number 3002-2 hereto attached, All bearings refer to the meridian of fifty-eight degrees thirty minutes west longitude of the Three Degree Transverse Mercator Projection (NAD 83).

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 54

SCHEDULE “A”

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 55

SCHEDULE “B” Feb 10

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, FEBRUARY 10, 2012 No. 6 Index

PART I Corporations Act – Notice ..................................................................................................... ........................................................ 49 Judicature – Notice ........................................................................................................... ............................................................. 47 Quieting of Titles Act – Notices .............................................................................................. ...................................................... 50 Urban and Rural Planning Act, 2000 – Notices .................................................................................. ........................................... 49

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. No Subordinate Legislation Received at Time of Printing

THE NEWFOUNDLAND AND LABRADOR GAZETTE February 10, 2012 372 The Newfoundland and Labrador Gazette is published from the office of William E. Parsons, Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed.

Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca. Advertising rates are available u pon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., s hould be made payable to THE NEWF OUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	printer gazette weekly issues 2011 feb 10 2012
Type	gazette
Volume / chapter	printer gazette weekly issues 2011 feb 10 2012
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	51006a5cfbcccb63deb3939a162b2e21d7f04d62

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