A Nova Scotia Supreme Court judge has ruled on an affidavit submitted by Lorne Grabher in his bid to get his licence plate back.
Despite the case being scheduled to go to trial in the fall, lawyers representing Grabher and the Crown appeared in court on Friday to hear whether portions of Grabher’s affidavit laying out his argument for getting his plate back would be admissible.
Supreme Court Justice Pierre Muise ruled Friday that he agreed with Grabher’s assertion that his son being allowed to have a “GRABHER” licence plate in Alberta, and that Grabher’s business was able to bear his name could be relevant at trial.
Muise said both showed that the name had been sanctioned by the government.
However, full paragraphs were stricken from the document after Muise ruled that they were opinion-based or furthered a legal argument — something not acceptable in an affidavit.
The Crown was awarded costs associated with the affidavit’s challenge.
Grabher will have to pay $750, though that will not be due until the outcome of the trial has been decided.