Sep 10, 2015

Nova Scotia Civil Procedure Rules annotation of Rule 12.02

Korecki v. Nova Scotia (Justice), 2013 NSSC 312 (CanLII)
Rule 12.02 – Separation
The plaintiff had been working for the Department of Justice for 20 years when the Province terminated his employment. He engaged in a dispute resolution process but, after waiting for two years for a hearing, the plaintiff sued in wrongful dismissal and other causes of action. The Province moved for a stay of the suit until conclusion of the dispute resolution process. The plaintiff moved for default judgment. Failing that, the plaintiff moved for separation and determination of the following question of law: whether the Province's failure to give him 10 days' notice voided the termination of his employment. Held, motion for stay dismissed; motion to separate a question of law granted but question of law answered in the negative. Each of the facts necessary to determine the question of law had been proven by affidavit. These facts were uncontroverted. If the termination had been void ab initio the matter would be at an end. Therefore, it was appropriate for the court to order separation of the legal question. In the circumstances, however, the question was answered in the negative.