Sep 10, 2015

Nova Scotia Civil Procedure Rules annotation of Rule 2.03

Ocean v. Economical Mutual Insurance Company, 2011 NSCA 106 (CanLII)
Rule 2.03 – General judicial discretions
The self-represented appellant asked to excuse her from complying with Rule 90.25, which required her to file transcripts of the 25-day liability trial. She filed an affidavit stating she was in serious financial trouble, but didn't supply any supporting documents. She claimed it would cost over $11,000 to get a transcript made, but didn't file proof of the actual cost. Held, motion denied. This is not an appropriate situation in which to waive the requirement for a transcript. The trial was long and complex. Many of the appeal grounds can only be determined after the appeal court has carefully gone through a transcript of the trial. In order to substantiate a claim of impecuniosity, it has to be proven with documents like tax returns, business records, bank statements, etc.