SR Vol 25 No 1, January 2007 - Nova Scotia Barristers' Society
SR Vol 25 No 1, January 2007 - Nova Scotia Barristers' Society
SR Vol 25 No 1, January 2007 - Nova Scotia Barristers' Society
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MassageTherapyRoma McInnisBSc. Kin., RN, RMT7037 Mumford Road, Halifax, NSPH (902) 453-15<strong>25</strong> | FAX (902) 453-1571located within PERFORMANCE PHYSIOTHERAPYsecondly, that pursuant to its regulations, the Board was authorized tomake rules governing “practice and procedure”. The Court of Appealheld that the regulations authorized the Board to regulate its practiceand procedure and “on a case specific basis, to direct that an expertwitness be discovered.” (paragraph 23) (emphasis added)I am not aware of any authority that would suggest that principlesof natural justice would not be sufficient to enable the SmallClaims Court to order pre-hearing disclosure in the appropriatecircumstances. However, if such an authority were identified orestablished hereafter, it should be addressed with an amendment tothe Small Claims Court Regulations, not to establish hard and fastpre-hearing procedures, but to specifically give the court jurisdictionto regulate its own procedure as it sees fit. There is now compellingauthority that such a regulation could be relied upon to support theCourt’s use of an appropriate procedure on a case specific basis. Thiswould maintain the informality of the Court, where appropriate, andenable the Court to order disclosure, where necessary.The effective application of such a fluid system is an art which canonly be applied by dedicated adjudicators who can devote a greatdeal of time and energy to the important task with which they arecharged.Just like youTranscontinental plays an activerole in the communities in whichit operates. The concept of socialresponsibility is solidly rooted inour corporate culture, and it has aspecific focus on the crucial areasof law, health, education, cultureand community development.At Transcontinental, respect isa core value that defines all ourrelationships.Proud printers of“The <strong>Society</strong> Record” and “The Law News”.For complete printing solutions in Atlantic Canada please contactKellie or Jenny at 1 866 857-7468 or on atlantic.sales@transcontinental.caPrinting • Direct Marketing • Publishing • Distribution • Web solutions34 The <strong>Society</strong> Record