Newfoundland and Labrador Gazette, Part I — 5 December 2003, Vol. 78, No. 49 — Urban and Rural Planning Act Notice of Registration; Lands Act Notice

NLG 2003-12-05

Newfoundland and Labrador — Gazette

725 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 78 ST. JOHN'S, FRIDAY, DECEMBER 5, 2003 No. 49 EVACUATED COMMUNITIES ACT ORDER RESPECTING PETITES PUBLIC NOTICE Under the authority of

section 3.(1) of the Evacuated Communities Act , the Minister of Municipal and Provincial Affairs declares Petites to be a vacated community effective November 1, 2003. HONOURABLE JACK BYRNE Minister of Municipal & Provincial Affairs Dec. 05 MUNICIPALITIES ACT, 1999 ORDER RESPECTING PETITES PUBLIC NOTICE Under the authority of

section 387.(1)(

c) of the Municipalities Act , 1999, the Minister of Municipal and Provincial Affairs disestablishes the Local Service District of Petites effective November 1, 2003. HONOURABLE JACK BYRNE Minister of Municipal & Provincial Affairs Dec. 05 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN, 2003 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 304, 2003 Take notice that St. John’s Municipal Plan, 2003, and the St.

John’s Developm ent Regulations Amendment Number 304, 2003, adopted on the 9th day of June, 2003 and approved as amended, on the 6th day of October, 2003, have been registered by the Minister of Municipal and Provincial Affairs. In general terms, the St. John’s Municipal Plan, 2003 introduces a new Municipal Plan comprised of a text and maps, for the City of St. John’s. In general terms, the St. John’s Development Regulations Amendment Number 304, 2003 introduces a new Zoning Plan for the City of St. John’s. The St. John’s Municipal Plan, 2003 and the St.

John’s Development Regulations Amendment Number 304, 2003, come into effect on the day this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of the St. John’s Municipal Plan, 2003 and the St. John’s Development Regulations Amendment Number 304, 2003 may do so at the Engineering and Planning Department, 3 rd Floor, St. John’s City Hall,

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 726 during regular business hours (Monday through Friday, (9:00 a.m. to 4:30 p.m.). CITY OF ST. JOHN’S Engineering & Planning Department Dec. 5 NOTICE OF REGISTRATION TOWN OF PARADISE MUNICIPAL PLAN AMENDMENT #33-2003 AND DEVELOPMENT REGULATIONS AMENDMENT #41-2003 Take notice that the Town of Paradise Municipal Plan Amendment No. 33 – 2003 and Development Regulations Amendment No. 41 – 2003, adopted on the 3rd day of June, 2003, and approved on the 7 th day of October, 2003, have been registered by the Minister of Municipal and Provincial Affairs.

In general terms, the purpose of Paradise Municipal Plan Amendment No. 33 – 2003 is to re-designate lands situated south of Meadow Road and north of Ridgewood Drive. The amendment will re-designate the subject lands from “Residential - CDA” to “Residential” under the Paradise Municipal Plan, 1994. In general terms, the purpose of Paradise Development Regulations Amendment No. 41 – 2003, is to re-zone lands situated south of Meadow Road and north of Ridgewood Drive.

The amendment will re-zone lands from “Residential - CDA”, “Residential Rural” and “Rural” to “Residential Subdivision” under the Paradise Development Regulations, 1994. The amendments will facilitate the development of a residential subdivision in the area. The Paradise Municipal Plan Amendment No. 33 - 2003 and Paradise Development Regulations Amendment 41 – 2003 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 Paradise Municipal Plan Amendment No. 33 – 2003 and Paradise Development Regulations Amendment No. 41 – 2003, may do so at the Paradise Town Hall, 1655 Topsail Road, between 8:30 a.m. and 4:00 p.m. TOWN OF PARADISE Town Clerk Dec 5 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Joseph Gordon Billard, late of the Town of Humber Arm South, in the Province of Newfoundland and Labrador, Canada, Retired Teacher, deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Joseph Gordon Billard, late of the Town of Humber Arm South, aforesaid, Retired Teacher, deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitors for the Executor of the Estate of the said deceased on or before the 5 th day of January, 2004, after which date the said Executor will proceed to distribute the Estate having regard only to the claims of which he then shall have notice.

DATED at Corner Brook, Newfoundland and Labrador, this 28 th day of November, 2003. MONAGHAN, MARSHALL, MURPHY AND WATTON Solicitors for the Executor PER: Derrick Watton ADDRESS FOR SERVICE: P. O.

Box 815 17 West Street Corner Brook, NL A2H 6H9 Dec. 5 ESTATE NOTICE IN THE MATTER OF the Estate of Mary Grace O’Quinn, one and the same as Mary Grace Aucoin, late, of the Town of Kippens, in the Province of Newfoundland and Labrador, pensioner, widow, deceased: All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Mary Grace O’Quinn late of the Town of Kippens, in the Province of Newfoundland and Labrador deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Executrix of the Estate on or before the 29 th day of December, 2003, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

DATED at Stephenville, Newfoundland and Labrador, this 27 th day of November, 2003.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 727 MARIE MARCHE-WHITE Solicitor for the Executor ADDRESS FOR SERVICE: P. O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Dec. 5 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that of Lindy Rideout, of Cottlesville, Newfoundland and Labrador intends to apply to the Department of Governme nt Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2) (

e) of the said Act, to that piece of Crown Land situated within fi fteen metres of the waters of Intrigate Harbour, in the Electoral District of, Twillingate- Fogo, Newfoundland and Labrador, for the purpose of a wharf and shed and more particularly described as follows: Bounded on the North by Crown Land for a distance of 100 m; Bounded on the East by Water for a distance of 15 m; Bounded on the South by Water for a distance of 100 m; Bounded on the West by Crown Land for a distance of 15 m; and containing an area of approximately 1,500 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL., A1V 2N9. For further information regarding the proposed application, please contact, Lindy Rideout, Telephone (709) 629-7402. Dec. 5 QUIETING OF TITLES ACT 2003 01T 4163 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION IN THE MATTER OF the Quieting of Titles Act,

Chapter Q- 3 of the Revised Statutes of Newfoundland and Labrador, 1990, and amendments thereto; AND IN THE MATTER OF all that piece or parcel of land situate and being on the South side of Dogberry Hill Road, in the Town of Portugal Cove-St. Philips, in the Province of Newfoundland and Labrador; AND IN THE MATTER OF an Application of James Squires, Edward Squires, Richard Squires and Charles Squires, all now or formerly of the Town of Portugal Cove- St. Philips, in the Province of Newfoundland and Labrador. NOTICE OF APPLICATION under the Quieting of Titles Act,

Chapter Q-3 of the Revised Statutes of Newfoundland and Labrador, 1990. NOTICE is hereby given to a ll parties that James Squires, Edward Squires, Richard Squi res and Charles Squires, all now or formerly of the Town 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 on the South side of Dogberry Hill Road, in the Town of Portugal Cove-St. Philips, in the Province of Newfoundland and Labrador, and being more particularly described on th e

Schedule hereto annexed marked “A” and delineated on the survey hereto annexed marked “B” to which the said James Squires, Edward Squires, Richard Squires and Charles Squires claim to be the owners, investigated for a declaration that the said James Squires, Edward Squires, Richard Squires and Charles Squires are the absolute owners thereof. ALL PERSONS having title adverse to the said title claimed by the said James Squires, Edward Squires, Richard Squires and Charles Squires shall file at the Regi stry of the Supreme court of Newfoundland and Labrador, Trial Division, at St.

John’s, in the Province of Newfoundland and Labrador, particulars of such adverse claim and serve the same, together with an Affidavit certifying the same, to the undersigned Solicitors for the Applicants on or before the 27 th day of December, 2003, after which date no party having any claim shall be permitted to file the same or be heard except by special leave of the Court and subject to such conditions as the court may deem just.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 728 All adverse claims shall then be investigated in such manner as the said Court may direct. DATED at St. John’s, in the Province of Newfoundland and Labrador, this 26 th day of November, 2003. MERCER, MACNAB, VAVASOUR & FAGAN Solicitors for the Applicants PER: R.A. Gordon MacNab, Q.C. ADDRESS FOR SERVICE: 70 Portugal Cove Road P. O. Box 1055 St. John’s, NL A1C 5M5 Dec. 5

SCHEDULE ‘A’ Civic No. 364-372 Dogberry Hill Road Portugal Cove-St. Philips All that piece or parcel of land situate and being on the south side of Dogberry Hill Road (20.12 metres wide), in the town of Portugal Cove-St.

Philips, in the electoral district of Conception Bay East & Bell Island, in the Province of Newfoundland and Labrador, Canada, and being bounded and abutted as follows: that is to say, beginning at a point on the said south side of Dogberry Hill Road (20.12 metres wide), said point having co-ordinates of N 5 269 758.631 metes and E 313 885.693 metres of the Modified Three Degree Transverse Mercator Projection (NAD83) for the Province of Newfoundland and Labrador, Canada, thence running along the said south side of D ogberry Hill Road (20.12 metres wide) north fifty-nine degrees fifty-seven minutes zero zero seconds east sixty-one decimal five six zero (61.560) metres; thence turning and running the south side of a Road Reserve (20.12 m Wide) south sixty-six degrees fifty minutes thirteen seconds east three hundred thirty-five decimal two three six (335.236) metres, thence south eighty-one degrees fifty-six minutes zero two seconds west twenty-three decimal seven three zero (23.730) metres; thence turning and running by land Now or Formerly James Hanames (Volume 1462-Folio 524), Right of Way, south eighty-two degrees forty-three minutes zero zero seconds west one hundred seventy-nine decimal one nine two (179.192) metres; thence turning and running by land of James Ha names, Jr. (Roll 2016 Frame 1934) north thirty-eight degrees thirty-seven minutes zero zero seconds west forty-six decimal two six five (46.265) metres; thence turning and running by land Lisa Hanames (Roll 1720 - Frame 1545) north thirty-nine degrees twenty- six, minutes sixteen seconds west twenty-eight decimal five seven four (28.574) metres; thence turning and running by land of Russell Tucker & Aylie Gries (Roll 1826 - Frame 2253) north forty-four degrees fifty-six minutes fifty-nine seconds west forty-five decimal nine zero zero (45.900) metres; thence south sixty degrees nineteen minutes zero five seconds west forty-four decimal nine zero zero (44.900) metres to the east side of Dogberry Hill Road Extension (20.12 metres wide); thence turning and running along the said east side of Dogberry Hill Road Extension (20.12 metres wide), along the arc of a curv e of radius eight hundred four decimal two zero zero (804.200) metres, a distance of seventy-two decimal zero one six

(72.016) Metres (chord bearing and distance north thirty-five degrees twenty-nine minutes twenty seconds west seventy-one decimal nine nine two (71.992) metres, more or less to the point of beginning and containing an area of two decimal two three two eight

(2.2328) Hectares. Which land is more particularly shown on Plan No. 5705-376-02 hereto attached. All bearings being referred to the above projection.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 729

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 730 2003 01 T2313 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION

SCHEDULE “G.1" IN THE MATTER OF an Application of William Ryan to have title to that piece or parcel of land situate and being at the end of a country road leading to Whitty’s Lane, in the Town of Torbay, in the Province of Newfoundland and Labrador containing an area of Two Decimal Five Three One Hectares (2.531 ha.), more or less, investigated and declared under the Quieting of Titles Act, R.S.N.L. 1990, c. Q-3. NOTICE NOTICE is hereby given to all parties that William Ryan of the City of St.

John’s, in the Province of Newfoundland and Labrador (hereinafter called the “Owner”) has applied to the Supreme Court of Newfoundland and Labrador, Trial Division to have investigated ALL THAT piece or parcel of land situate and being at the end of a country road leading to Whitty’s Lane, in the Town of Torbay, in the Province of Newfoundland and Labrador containing an area of Two Decimal Five Three One Hectares (2.531 ha.), more or less, and being abutted as follows, that is to say: ALL that piece of parcel of land situate and being at the end of a country road leading to Whitty’s Lane, in the Town of Torbay, in the Province of Newfoundland and Labrador, abutted and bounded as follows, that is to say: Beginning at a point at the end of the said country road, said point having Modified Three Degree Transverse Mercator Coordinates of N 5 281 589.590m and E 323 825.320m and being in zone one (1) with the reference meridian at fifty three degrees (53°) west longitude; Thence running by land of Robert Young, south eighty two degrees zero six minutes zero zero seconds west, fifteen decimal six six zero meters; north eighty two degrees twenty five minutes zero zero seconds west, nine decimal seven eight zero meters; south seventy fi ve degrees zero seven minutes zero zero seconds west, fourteen decimal four four zero meters; south seventy seven degrees thirty nine minutes zero zero seconds west, thirty six decimal nine nine zero meters; south sixty four degrees forty nine minutes zero zero seconds west, thirteen decimal zero three zero meters; Thence turning and running by land of Michael Manning and others north twenty two degr ees twenty minutes zero zero seconds west, twenty four decimal one four zero meters; north forty five degrees thirty one minutes zero zero seconds west, thirty one decimal five six zero meters; north sixty nine degrees forty seven minutes zero zero seconds west, thirty one decimal three seven zero meters; north thirty seven degrees forty four minutes zero zero seconds west, thirty four decimal eight six zero meters; north sixty seven degrees zero two minutes zero zero seconds west, thirty seven decimal eight seven zero meters; north forty six degrees zero four minutes zero zero seconds west, thirty one decimal three six zero meters; north fifty five degrees forty two minutes zero zero seconds west, thirty nine decimal six eight zero meters; north thirty one degrees forty one minutes zero zero seconds west, twenty four decimal five four zero meters; Thence turning and running by Crown Land, north eighty four degrees twenty eight minutes zero zero seconds east, two hundred and five decimal one three zero meters; Thence turning and running by land of Stan Whitty, south eleven degrees seventeen mi nutes zero zero seconds east, forty nine decimal two six zero meters; south twenty one degrees zero four minutes zero zero seconds east, nine decimal six five zero meters; south thirty two degrees thirty four minutes zero zero seconds east, eleven decimal nine eight zero meters; south sixty eight degrees thirty nine minutes zero zero seconds east, thirty one decimal four two zero meters; south thirty seven degrees seventeen minutes zero zero seconds east, six decimal eight three zero meters; south one degree twelve minutes zero zero seconds east, fifteen decimal zero eight zero meters; south fourteen degrees forty five minutes zero zero seconds west, twenty seven decimal four zero zero meters; south twenty nine degrees fifty six minutes zero zero seconds east, forty four decimal four nine zero meters, more or less, to the point of beginning.

The whole containing in all an area of two decimal five three one (2.531) hectares, more or less, being more particularly described and delineated on the plan hereto attached. All bearings are referred to grid north.

All persons having title adverse to the said title claims by the Owner shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division particulars of such adverse claim and serve the same, together with an Affidavit verifying the same, on or before the 2 nd day of January, 2004, after which date no party having a claim shall be permitted to file the same or be heard except by leave of the Court and subject to such conditions as the Court may deem just. All adverse claims shall then be registered on such manner as the Supreme Court may direct.

O’DEA, EARLE Solicitors for the Petitioner/Applicant PER: B. John Barrett

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 731 ADDRESS FOR SERVICE: 323 Duckworth Street P.O. Box 5955 St. John’s, NL A1C 5X4 Dec. 5

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 732 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- TINA MACDONALD of 267 Seal Cove Road, CBS, A1X 6S9, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from JESSICA LEE MACDONALD to JESSICA LEE CHURCHILL SAMANTHA LYNN MACDONALD to SAMANTHA LYNN CHURCHILL DATED this 24 th day of November, 2003.

TINA MACDONALD (Signature of Applicant) Dec. 5 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- SHARRON LYNN WHITE of 109 McKay Street, St. John’s, Province of Newfoundland and Labrador, as follows: To change my name from SHARRON LYNN WHITE to SHARON LYNN ANDREWS DATED this 10 th day of November, 2003. SHARRON L.

WHITE (Signature of Applicant) Dec. 5 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- ANGELA NOEL of 48B Browns Avenue, Grand Falls-Windsor, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from TODD WAYNE GREENING to TODD WAYNE NOEL TYLER THEOPHILUS GREENING to TYLER THEOPHILUS NOEL ALLIE KELLY-JO GREENING to ALLIE KELLY-JO NOEL DATED this 19 th day of November, 2003.

ANGELA NOEL (Signature of Applicant) Dec. 5 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- DEBBIE SIMMONDS of P. O. Box 267, Musgravetown, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 733 CORDELL NATHAN MARTIN to CORDELL NATHAN MARTIN GREENING DATED this 20th day of November, 2003. DEBBIE SIMMONDS (Signature of Applicant) Dec. 5 CORPORATIONS ACT NOTICE -

SECTION 341(2) NOTICE IS HEREBY GIVEN pursuant to

section 341(2) of the Corporations Act that the Registrar, under authority of s. 341(1), has decided to dissolve the following corporations effective November 28, 2003: 18284 CONTINENTAL INVESTMENTS LIMITED 22250A Formal Rentals Limited 22260 RACO GAS TANKS AND BODY PANELS

(1988) LIMITED 22267 GOOD IMPRESSIONS INC. 22270A ITALIA PIZZERIA INC. 22275 GENESIS GALLERY LIMITED 22277 WESTERN DEVELOPMENT SYSTEMS INC. 22279 RIVERHEAD TRANSPORTATION LIMITED 22281 Snowbird Ski Resort Inc. 22282 Western Medix Ltd. 22298 HEALEY’S CONSTRUCTION LIMITED 22305 Home Mortgage Centre Limited 22308 Red Rooster Manageme nt Services Limited 22314 Tuff Stuff Limited 22316 WILLIAM HARRIS & SONS LIMITED 22318 SERVICE BAY RENTALS LIMITED 22319 QUICK CENTER LIMITED 22324 TRI-STAR CONSTRUCTION INC. 22335 BAY ROBERTS SLIM-TRIM LIMITED 22343 Bay St.

George Community Venture Capital Corporation 22345 Provincial Blind Manufacturers Limited 22349 PAULBAR ENTERPRISES LTD. 22350 TNC Incorporated 22356 ROUND THE BAY FISH AND VEGETABLES MARKET LTD. 22358 SHOPPERS CHOICE INC. 22365 Power & Associates Limited 22367 Thompson Chalker Agencies Limited 22374 JEER Enterprises Limited 22382 COVER - ALL - FLOORING LTD. 22387 SMYTH HOLDINGS LIMITED 22388 J. L. S.

INVESTMENTS LIMITED 22389 Arctic Construction & Engineering Eighty-Six Limited 22390 CROWN VIDEO LIMITED 22394 AVALON PENINSULA EMERGENCY RESPONSE ORGANIZATION (INC.) 22404 PLAYLAND DAYCARE LTD. 22410 Valley Ventures Limited 22417 H. & G. SALES LIMITED 22423 J.J. FLASH LIMITED 22424 Mount Pearl Paint Store Limited 22430 Atlantis Engineering and CAD/CAM Inc. 22431 Smilies Donut Shop

(1988) Limited 22432 Garland Enterprises Limited 22433 GARLAND HOLDINGS LIMITED 22435 CAPTAIN SUBMARINE LIMITED 22437 Shamrock Enterprises Limited 22441 INTRAFOREST INVESTMENTS CANADA LIMITED 22445 Supreme Dry Cleaners Limited 22447 National Clearance Warehouse Limited 22448 Brian Greene Public Relations Inc. 22449 K. G. C.

Minibus Limited 22450 Labrador West Distributors Limited 22453 Provincial Tire Limited 22456 AVALON CONSERVATION SOCIETY INC. 22460 Relax and Tone Exercise Studio Ltd 22462 Kelloway Properties Limited 22466 WILLANN LIMITED 22474 Woolridge Maritime Marine Ltd. 22481 NEWLOOK CONTRACTING LIMITED 22482 OFFICE AND STATIONERY SUPPLIES LIMITED 22485 NORTHERN PENINSULA FISH AND GAME ASSOCIATION INC. 22488 MRM ENTERPRISES INC. 22490 AL JACKMAN REFRIGERATION INC. 22497 Phoenix Travel Limited 22500 A.M.F.

INVESTMENTS LIMITED 22507 KAS Enterprises Limited 22510 CAMPRO PHOTOGRAPHY INC. 22511 GANDER COMMUNITY EMPLOYMENT CORPORATION 22514 SLAM TRADING LIMITED 22515 GOULDS SLIM-TRIM LIMITED 22516 MOUNT PEARL SLIM-TRIM LIMITED 22518 LAKES’ HOUSE OF AESTHETICS LIMITED 22522 OCEANOR LIMITED 22525 Mountainview Club Inc. 22528 BTC Medical Emergency Fund Inc. 22535 NATIONAL GUARANTEED SAVINGS LIMITED

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 734 22536 BARKER LEADED GLASS LIMITED 22538 TASTY FOODS LTD 22544 KIMBERLEY TIRE & RETREADING LIMITED 22559 NORCOR INDUSTRIAL PRODUCTS INC. 22561 TROJAN ASSOCIATES LIMITED 22563 EASTON HOLDINGS LIMITED 22567 CARBONEAR SLIM-TRIM LIMITED 22572 VIVAD ASSOCIATES LIMITED 22573 ELIZABETH SLIM-TRIM LIMITED 22574 VIDEO EXPRESS INC. 22577 JUNAN ENTERPRISES LIMITED 22578 Gary Daley Limited 22593 Gio.

Lift Ltd. 22599 INSHORE MIDSHORE (AVALON) LIMITED 22602 RAWLINS CROSS HOLDINGS LIMITED 22609 GRAND FALLS BASEBALL ASSOCIATION INC. 22612 Teen World Limited 22615 Metrochem Janitorial Services Limited 22621 MARYSTOWN MASONRY LIMITED 22623 MASONRY CONTRACTING LIMITED 22625 Vee Gees Limited 22644 TAS Construction Limited 22650 Avalon Parking Services Corporation 22652 DELI & SANDWICH KING LIMITED 22658 Indeco Leasing & Financial Canada Limited 22660 St.

Stephen’s Alumni Association Inc. 22671 DENSTEP CORP. 22677 Newfoundland Hardchrome & Hydraulics Ltd. 22678 THE EXECUTIVE BUSINESS CENTRE LIMITED 22679 Donut Shoppe Inc. 22683 New Lab Aqua Foods Inc. 22687 A & R ENTERPRISES LIMITED 22694 Cape John Enterprises Ltd. 22705 Newfoundland Duct Cleaning Ltd. 22711 Kinsmen Club of Upper Island Cove & Area Inc. 22712 Avalon Squash Club Inc. 22723 DUPLICITY INC. 22726 EASTERN MINERALS LIMITED 22729 THOMAS DEVELOPMENT CORPORATION 22745 Gittens and Casey Management Company Limited 22754 NEWFOUNDLAND TRADING CORPORATION 22768 ROSE BLANCHE ATHLETIC ASSOCIATION INC. 22775 Venice Pizzeria (Eastgate) Limited 22782 Jillian Enterprises Limited 22786 C.J.

CONSTRUCTION LIMITED 22800 Highway Plaza Limited 22802 Central Paving Limited 22808 Provincial Network Corporation 22811 GRAY ENTERPRISES LTD. 22813 Hotdog King LTD. 22821 PIKE’S PHOTOGRAPHY LIMITED 22822 SKILLED TRADES EMPLOYEES ASSOCIATION INC 22826 ANDREWS ENTERPRISES LIMITED 22846 Faulkner’s Rock Construction Limited 22849 Community Health Nurses Association of Nfld & Lab. Inc. 22853 North American Steel Inc. 22856 THE AVALON OUTBACK LIMITED 22857 SUDACA CONSTRUCTION LIMITED 22858B. & C. Marine Ltd. 22868 G. & H.

FISHERIES LIMITED 22891 MAJESTIC SEAFOODS CANADA LIMITED 22892 MAJESTIC VESSEL LIMITED 22896 Liquidation Centre Services Ltd. 22904 Midway Upholstery Limited 22912 C & D SALES INC. 22914 HILLTOP SAND AND STONE LIMITED 22916 Macsociates Limited 22917 D & D WHOLESALE LIMITED 22921 ASSOCIATION OF LIFE SKILLS COACHES OF NEWFOUNDLAND AND LABRADOR, INCORPORATED 22929 NEWTEMPO LIMITED 22949 PRO-TEC ASPHALT (AVALON) LIMITED 22950 T. & J. UPHOLSTERY LIMITED 22952 L D J BUILDING CONTRACTORS LIMITED 22953 RON & SON ENTERPRISES LTD 22956 NU-HOMES LIMITED 22957 WEST COAST GLASS LIMITED 22964 C & C CAR CARE LTD. 22966 R. J.

WHELAN ENTERPRISES INC. 22984 J & B CONSTRUCTION LIMITED 22990 HIGH-LINE AVIATION (NFLD.) LTD. 22992 Blackwood Automotive Centre Limited 22996 Gold Cove Enterprises Limited 23002 COASTAL INTERNATIONAL INCORPORATED 23003 Nolan Aircraft Leasing Co. Ltd. 23004 RE TECH LIMITED 23008 M. & M. TREMBLETT LTD. 23016 PENINSULA VENTURES LIMITED 23027 W K Enterprises Limited 23028 Winter Construction Limited 23035 Midland Newfoundland Limited Midland Terre-Neuve Limitee 23036 F. & M. GENERAL CONTRACTORS LIMITED

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 735 23037 Sky-High Painters

(1988) Ltd. 23039 GABRIEL’S FINE FURNITURE & ACCESSORIES LTEE 23040 G. C .P. HOLDINGS LIMITED 23048 Lewis Real Estate Rentals Inc.23053Aven Computer Services Inc. 23054 Lady of Fashion Limited 23055 BAXTER WHEADON SURVEYS INC. 23063 ATLANTIC TRAINING INCORPORATED 23161 MARIAN HOUSE INC. 23401 HARBOUR GRACE BOARD OF TRADE INC. 23521 The Newfoundland Horse Protection Society Inc. 23670 RADIO OCEAN INC. 23677 Insurance Agency Owners Association of Newfoundland Incorporated 23896 BOOTH MEMORIAL HIGH SCHOOL ALUMNI FOUNDATION INCORPORATED DATED AT ST.

JOHN’S THIS 28 TH DAY OF NOVEMBER, 2003 DOUGLAS LAING Director of Commercial Registrations Dec. 5 JUDICATURE ACT Rules of the Supreme Court, 1986 PRACTICE NOTE P.N. (TD) No. 2003-01 DATE ISSUED: December 2, 2003 RULES AFFECTED: Rules 29.04; 56A.17; 56A.18 and 56A.19 EFFECTIVE DATE: Upon Publication PREVIOUS PRACTICE NOTES REVISED: N/A The following Practice Note was filed with The Registrar, as Secretary of the Rules Committee of the Trial Division, and is published pursuant to rule 4.04 of the Rules of the Supreme Court, 1986.

INTERIM PROHIBITORY ORDERS, STAYS OF PROCEEDINGS AND EX PARTE APPLICATIONS IN FAMILY PROCEEDINGS Background 1. In family matters, a litigant or potential litigant frequently c onsiders it necessary to apply, on an urgent basis, to obtai n an interim prohibitory order or stay of proceedings pending final resolution of a matter in dispute. 2.

The issue may arise in diverse situations, such as where a pa rent seeks an order restraining the removal of a child from the jurisdiction pending a full custody or access determination or where a spouse in arrears of child support seeks a stay of execution pending an application to reduce or eliminate existing arrears or future payments.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 736 3. There is an increasing tendency fo r such applications to be brought on ex parte (without notice) basis in circumstances where (

a) the necessity of proceeding without first notifying the other affected party is not readily apparent; and (

b) the originating application seeking the permanent relief is not filed before or concurrently with the application for interim relief. 4. There is also a continuing tendency for applicants for ex parte orders to seek prohibitions that are open-ended, without a future review date where the other party will be given an opportunity, in an inter partes hearing, to be heard in opposition to continuation of the prohibition and, in the past, such orders have occasionally been made. As noted by the Court of Appeal in Chafe v.

Henley, 2003 NLCA 57, para. [15], it is "entirely wrong to not insist on an early return date." 5. There is a general reluctance on the part of the court to grant any order on an ex parte basis because, to do so, offends the general principle of natural justice that both sides should be heard. 6. A party seeking an ex parte order must be prepared to demonstrate to the court why it is appropriate, in the special circumstances of the case, to make an order without hearing the other party. 7.

Rules 56A.17, 56A.18, and 56A .19, adopted as part of the Family Law Rules on April 1, 2003, specified more clearly what is the appropriate procedure to be followed on ex parte and inter partes interim applications. 8. Recently, amendments to Rule 56A.17 and 56A.18 were made, effective December 1, 2003. In particular, Rule 56A.18(2), as amended, reinforces the observation in Chafe v. Henley that an early return date for an inter partes hearing following an ex parte order must be given. 9.

To clarify the practice and procedure which should be followe d where interim prohibitory orders or stays are sought, either ex parte or inter partes, it is considered appropriate to issue the following practice note. Practice Note 10. Applications for prohibitory orders and stays of proceedings, whether made ex parte or inter partes should, except in the most extenuating circumstances, be made in an existing proceeding, i.e. after commencing and filing an application for the final or permanent relief sought. 11.

Even in extenuating circumstances justifying the making of an interim application for a prohibitory order or stay of proceedings without first commencing and filing an application for the final or permanent relief sought, the applicant for the interim relief shall, as contemplated by Rules 56A.17(2)(6) and 56A.17(2.1), prepare and submit a draft application claiming the final or permanent relief. 12. As contemplated by Rule 56A.16, all a pplications for interim relief should be made inter partes, except in exceptional cases or as expressly authorized by statute or a rule. 13.

In the exceptional case, an interim application may be made ex parte but only in the circumstances outlined in Rule 56A.17(1) or where otherwise expressly authorized. 14. The judge hearing an ex parte interim application will generally not make an order ex parte unless (

a) the applicant files an affidavit, containing th e information required by Rule 56A.17(2)(a); and (

b) the judge is satisfied there is suffici ent urgency within Rules 56A.17(1)(b)(

i) or (ii) that makes it inappropriate to give notice to the others affected by the application, or notice is otherwise not required. 15. Before making an ex parte interim order the judge will want to be satisfied that it is not appropriate to adopt some other form of procedure that would better protect the interests of any other affected party, such as (

a) requiring informal notice by telephone , email or facsimile to such party or his or her solicitor, if known; (

b) requiring notice but abridging the time for its service or delivery;

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 737 (

c) expediting the hearing on the substantive issues. 16. On an ex parte application the applicant has an obligation of good faith to disclose to the court all material information, whether favourable to the applicant's case or not. Subsequent discovery of a failure of an applicant to make full disclosure may result in discharge of an ex parte order pro tanto and/or an order for costs. 17.

In making an order ex parte the court, in trying to balance the urgent interests of the applicant against the potential prejudice to the party not being heard, will consider imposing appropriate terms upon the granting of the order including the provision of security and the taking of undertakings. To enable the court to comply with Rule 56A.17(3)(

d) and (

e) and Rule 56A.18(1), an applicant should include in the application any reasonable and appropriate proposals, including undertakings and security, for minimizing the potential impact on the other party in the event that, following the hearing on the substantive issues, the claims of the applicant to final relief are not sustained. 18. Where an order is made ex parte, Rule 56A.18(2) now requires the court to set a return date for an inter partes hearing within 7 days of the making of the ex parte order.

Counsel seeking the ex parte order will not be heard to say he or she is not available for the scheduled inter partes return date. 19. On the subsequent inter partes hearing, Rule 56A.19(3) provides that the party who obtained the ex parte order retains the burden of satisfying the court, on the basis of the evidence then before the court, that grounds continue to exist for the granting of the interim order and that it should be continued. 20.

On any application for an interim order, whether made ex parte or inter partes, the applicant will be required to satisfy the court that the legal and equitable principles applicable to the granting of a stay of proceedings have been met, including (

a) the existence, on the substan tive issues relating to the claim for final relief, of either a prima facie case, or a serious issue to be tried (according to the applicable test); (

b) the existence of irreparable harm to the a pplicant if the interim order were not granted; (

c) the balance of convenience favours the granting of the order. An offer by the applicant of an appropriate undertaking or secu rity will be an important factor influencing the court as to whether to grant the order. 21. Rule 56A.16(7) contemplates that as a general rule an in terim hearing will be conducted on the basis of affidavit rather than viva voce evidence. Cross-examination on affidavits is not a ma tter of right; permission to cross-examine is within the discretion of the judge, exercisable according to Rule 56A.16(7)(a). AUTHORIZED BY: J.

Derek Green Chief Justice of the Supreme Court of Newfoundland and Labrador, Trial Division Barry R. Sparkes, Q.C. Registrar of the Supreme Court Secretary, Rules Committee Dec. 5

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 78 ST. JOHN'S, FRIDAY, DECEMBER 5, 2003 No. 49 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 131/03 NLR 132/03 NLR 133/03

The Newfoundland and Labrador Gazette December 5, 2003 1231 NEWFOUNDLAND AND LABRADOR REGULATION 131/03 Feasibility Report Order Regarding the Disincorporation of the Town of Biscay Bay under the Municipalities Act, 1999 (Filed December 1, 2003) Under the authority of

section 9 of the Municipalities Act, 1999, I make the following Order. Dated at St. John’s, November 25, 2003. Jack Byrne Minister of Municipal and Provincial Affairs ORDER Analysis 1.

Short title 2. Report to be prepared 3. Appointment 4. Preparation and submission of report 1. This Order may be cited as the Feasibility Report Order Re- garding the Disincorporation of the Town of Biscay Bay. 2. A feasibility report shall be prep ared concerning the matter of the disincorporation of the Town of Biscay Bay.

Short title Report to be pre- pared

Feasibility Report Order Regarding the Disincorporation of the Town of Biscay Bay 131/03 The Newfoundland and Labrador Gazette December 5, 2003 1232 3. Dennis Hopkins, Regional Affa irs Manager, is appointed to prepare the feasibility report. 4. The feasibility report shall be prepared in accordance with the provisions of the Municipalities Act, 1999 and the Terms of Reference and shall be completed and submitted to me on or before December 31, 2003. ©Earl G. Tucker, Queen's Printer Appointment Preparation and submission of report

The Newfoundland and Labrador Gazette December 5, 2003 1233 NEWFOUNDLAND AND LABRADOR REGULATION 132/03 Local Service District of Burnt Cove - St. Michael's - Bauline East under the Municipalities Act, 1999 (Filed December 1, 2003) Under the authority of sections 387 and 390 of the Municipalities Act, 1999 I make the following Order. Dated at St. John’s, November 24, 2003. Jack Byrne Minister of Municipal and Provincial Affairs ORDER Analysis 1. District established 2. Boundaries 3. Committee to be elected 1. The area comprising the communities of Burnt Cove, St.

Michaels and Bauline East in the electoral district of Ferryland is estab- lished as a local service district by the name of the Local Service Dis- trict of Burnt Cove - St. Michaels - Bauline East. 2. The boundaries for the local se rvice district shall be the area comprising the communities. District established Boundaries

Local Service District of Burnt Cove - St. Michaels - Bauline East 132/03 The Newfoundland and Labrador Gazette December 5, 2003 1234 3. A local service district committee shall be elected to control and manage the affairs of the local service district according to the Munici- palities Act, 1999 and the Local Service District Regulations. ©Earl G. Tucker, Queen's Printer Committee to be elected

The Newfoundland and Labrador Gazette December 5, 2003 1235 NEWFOUNDLAND AND LABRADOR REGULATION 133/03 Local Service District of Burnt Point - Gull Island - Northern Bay under the Municipalities Act, 1999 (Filed December 1, 2003) Under the authority of sections 387 and 390 of the Municipalities Act, 1999 I make the following Order. Dated at St. John’s, November 27, 2003. Jack Byrne Minister of Municipal and Provincial Affairs ORDER Analysis 1. District established 2. Boundaries 3. Committee to be elected 1.

The area comprising the communities of Burnt Point, Gull Is- land and Northern Bay in the Electoral District of Trinity-Bay de Verde is established as a local servi ce district by the name of the Local Ser- vice District of Burnt Point-Gull Island-Northern Bay. 2. The boundaries for the local se rvice district shall be the area comprising the communities. District established Boundaries

Local Service District of Burnt Point - Gull Island - Northern Bay 133/03 The Newfoundland and Labrador Gazette December 5, 2003 1236 3. A local service district committee shall be elected to control and manage the affairs of the local service district according to the Munici- palities Act, 1999 and the Local Service District Regulations. ©Earl G. Tucker, Queen's Printer Committee to be elected

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 1237 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 7 3 2 C o r p o r a t i o n s A c t — N o t i c e s ........................................................................... 7 3 3 Evacuated Communities Act — Notice ................................................................... 7 2 5 J u d i c a t u r e A c t — P r a c t i c e N o t e ........................................................................ 7 3 5 L a n d s A c t — N o t i c e o f I n t e n t .......................................................................... 7 2 7 Quieting of Titles Act — Notices ....................................................................... 7 2 7 Municipalities Act, 1999 — Notice ...................................................................... 7 2 5 T r u s t e e A c t — N o t i c e s ............................................................................... 7 2 6 U r b a n a n d R u r a l P l a n n i n g A c t — N o t i c e s o f R e g i s t r a t i o n .................................................... 7 2 5

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. Municipalities Act, 1999 Feasibility Report Regarding the NLR 131/03 New Dec. 5/03, p. 1231 Disincorporation of the Town of Biscay Bay Local Service District of Burnt Cove-St. Michael’s- NLR 132/03 New Dec. 5/03, p. 1233 Bauline East Local Service District of Burnt Point-Gull Island- NLR 133/03 New Dec. 5/03, p. 1235 Northern Bay

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 5, 2003 1238 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen's Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be 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. Advertising rates are available upon request.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2003-12-05
Type	gazette
Volume / chapter	printer gazette weekly issues 2003 2003 12 05
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6f34c07181398a0b497917bb3faa7f9aa1c9a184

Source file is stored in the law ingest library (pdf).