Key Issues:
- Consolidation Request: The motion sought to consolidate two related proceedings:
- PtH No. 503850 (Port Hawkesbury) and Hfx No. 503828 (Halifax).
- Place of Trial: The dispute centered on whether the consolidated proceedings should take place in Halifax or Port Hawkesbury.
Court’s Findings:
- Consolidation Granted: The proceedings were consolidated into Hfx No. 503828.
- Location of Trial: The trial was ordered to take place in Halifax. Key reasons included:
- Convenience and Efficiency: Halifax was deemed a more central and accessible location for the parties and witnesses, most of whom were from outside Nova Scotia.
- Counsel Location: Legal counsel for all parties are based in Halifax, making it a more practical choice, especially given the potential need for further motions and case management.
- Existing Court Facilities: Halifax has more resources and dedicated courtrooms for lengthy civil trials, whereas Port Hawkesbury has limited availability, which could cause delays.
- Arbitration Clauses: Shareholder agreements related to the dispute specified Halifax for arbitration.
Additional Notes:
- Parties’ Agreement: Both sides consented to the consolidation and sequence of trials but disagreed on the venue.
- Case Management Encouraged: The court suggested appointing a case management judge to streamline the proceedings under Rule 26B.
Conclusion:
The consolidated case will proceed in Halifax to optimize efficiency and minimize logistical burdens, especially considering the complexity and expected duration of the trial.
No monetary award specified.
