Black v. NsC Diesel Power Inc. (Trustee of)
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Black v. NsC Diesel Power Inc. (Trustee of) Court (s) Database Federal Court of Appeal Decisions Date 2002-10-09 Neutral citation 2002 FCA 364 File numbers A-371-00 Decision Content Date: 20021009 Docket: A-371-00 Neutral citation: 2002FCA364 Present: The Honourable Mr. Justice Isaac BETWEEN: FREDERICK W.L. BLACK Appellant and THE CREDITORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED, as represented by the TRUSTEE of the Estate and THE INSPECTORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED and THE OFFICE OF THE SUPERINTENDENT OF BANKRUPTCY Respondents Dealt with in writing without appearance of parties. Order delivered at Toronto, Ontario on October 9, 2002. REASONS FOR ORDER AND ORDER BY: ISAAC J.A. Date: 20021009 Docket: A-371-00 Neutral citation: 2002FCA364 Present: The Honourable Mr. Justice Isaac BETWEEN: FREDERICK W.L. BLACK Appellant and THE CREDITORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED, as represented by the TRUSTEE of the Estate and THE INSPECTORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED and THE OFFICE OF THE SUPERINTENDENT OF BANKRUPTCY Respondents REASONS FOR ORDER AND ORDER ISAAC J.A. [1] The motion for leave to present new evidence is dismissed. [2] Contrary to the assertion made by the applicant in his representations, I am of the view that the materials submitted do not satisfy the tri-partite test to which this Court has referred in Glen Oak Inc. et al v. Smith & Nephew Inc. et al (1996) 66 C.P.R. 33. "Julius A. Isaac" J.A. FEDERAL COURT…
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Black v. NsC Diesel Power Inc. (Trustee of) Court (s) Database Federal Court of Appeal Decisions Date 2002-10-09 Neutral citation 2002 FCA 364 File numbers A-371-00 Decision Content Date: 20021009 Docket: A-371-00 Neutral citation: 2002FCA364 Present: The Honourable Mr. Justice Isaac BETWEEN: FREDERICK W.L. BLACK Appellant and THE CREDITORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED, as represented by the TRUSTEE of the Estate and THE INSPECTORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED and THE OFFICE OF THE SUPERINTENDENT OF BANKRUPTCY Respondents Dealt with in writing without appearance of parties. Order delivered at Toronto, Ontario on October 9, 2002. REASONS FOR ORDER AND ORDER BY: ISAAC J.A. Date: 20021009 Docket: A-371-00 Neutral citation: 2002FCA364 Present: The Honourable Mr. Justice Isaac BETWEEN: FREDERICK W.L. BLACK Appellant and THE CREDITORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED, as represented by the TRUSTEE of the Estate and THE INSPECTORS OF THE ESTATE OF NsC DIESEL POWER INCORPORATED and THE OFFICE OF THE SUPERINTENDENT OF BANKRUPTCY Respondents REASONS FOR ORDER AND ORDER ISAAC J.A. [1] The motion for leave to present new evidence is dismissed. [2] Contrary to the assertion made by the applicant in his representations, I am of the view that the materials submitted do not satisfy the tri-partite test to which this Court has referred in Glen Oak Inc. et al v. Smith & Nephew Inc. et al (1996) 66 C.P.R. 33. "Julius A. Isaac" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-371-00 STYLE OF CAUSE: Frederick W.L. Black v. The Creditors of the Estate of NsC Diesel et al PLACE OF HEARING: Motion dealt with in writing without appearance of the parties REASONS FOR ORDER AND ORDER BY: ISAAC J.A. WRITTEN SUBMISSIONS: Frederick W.L. Black FOR THE APPELLANT ON HIS OWN BEHALF D. Bruce Clarke FOR THE RESPONDENT the SUPERINTENDENT OF BANKRUPTCY SOLICITORS OF RECORD: Frederick W.L. Black FOR THE APPELLANT ON HIS OWN Cumberland, Ontario BEHALF Burchell Green Hayman Parish FOR THE RESPONDENT the Halifax, Nova Scotia SUPERINTENDENT OF BANKRUPTCY
Source: decisions.fca-caf.gc.ca