Drum Head Estates Ltd. v. Mills, 2013 NSCA 103

NOVA SCOTIA COURT OF APPEAL Citation: Drum Head Estates Ltd. v. Mills , 2013 NSCA 103 Date: 20130917 Docket: CA 411222 Registry: Halifax Between: Drum Head Estates Limited, Celia McClure and Angela Chapin Appellants v. George E. Mills, Jr., Trustee of the Estate of Stephen Beal Chapin, a Bankrupt Respondent Judges: Saunders, Beveridge and Bryson, JJ.A. Appeal Heard: September 17, 2013, in Halifax, Nova Scotia Written Release: September 17, 2013 Held: Appeal dismissed per oral reasons for judgment of Saunders, J.A.; Beveridge and Bryson, JJ.A. concurring. Counsel: G.F.

Philip Romney, for the appellants Geoffrey Saunders and Dillon Trider, for the respondent Reasons for Judgment: (Orally) [ 1 ] Largely for the reasons articulated by Messrs.

Saunders and Trider in the excellent factum filed on behalf of the respondent, we are unanimously of the view that the appeal ought to be dismissed with costs. [ 2 ] We are satisfied that Justice Rosinski applied the correct principles of law both in fixing the amount of security for costs, and in refusing to change the venue of this proceeding from Halifax to Bridgewater, and that no injustice arises as a result. [ 3 ] Accordingly, the appeal is dismissed with costs of $2,500 inclusive of disbursements payable to the respondent forthwith.

Saunders, J.A. Concurred in: Beveridge, J.A. Bryson, J.A.