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
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