Elfreda Freeman Alter Ego Trust, 2021 NSCA 12
Opinion
Nova Scotia Court of Appeal Citation: Elfreda Freeman Alter Ego Trust (2015) v. Payne, Wile and Ponhook Lodge Limited , 2021 NSCA 12 Date: 20210120 Docket: CA 498690 Registry: Halifax Between: Elfreda Freeman, in her capacity as Trustee of the Elfreda Freeman Alter Ego Trust
(2015) Appellant v. Elizabeth Payne, Janet Wile and Ponhook Lodge Limited Respondents Judges: Wood, C.J.N.S.; Hamilton and Bryson, JJ.A. Appeal Heard: January 20, 2021, in Halifax, Nova Scotia Written Release January 21, 2021 Held: Appeal dismissed, per reasons for judgment of Wood, C.J.N.S.; Hamilton and Bryson, JJ.A. concurring Counsel: Roderick (Rory) H. Rogers, QC, for the appellant Andrew Christofi, for the respondents Reasons for judgment (orally): [ 1 ] The panel has reviewed the complete record including the facta filed by each party. We have also heard the oral submissions on behalf of the appellant.
We do not need to hear from the respondents and are of the unanimous opinion that this appeal should be dismissed. [ 2 ] The learned hearing judge, Denise Boudreau of the Nova Scotia Supreme Court, made no error in law in reaching the conclusion that a permanent injunction should be issued restraining the appellant and her agents from interfering with the respondents’ use of the right of way described in the order issued in the proceeding below on June 2, 2020. [ 3 ] The appellant shall pay costs of the appeal to the respondents in the amount of $3000. Wood, C.J.N.S. Concurred in: Hamilton, J.A. Bryson, J.A.
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