Weagle v Kendall, 2023 NSCA 47 Judge: Justice Carole A. Beaton Subject Matter: Parenting Time; Relocation The father appealed from the trial judge’s decision allowing the mother to relocate their child from Halifax to Ottawa. The appeal was allowed, and the matter sent for a rehearing with another judge. The judge erred in overemphasizing the […]
Ezurike v Gbeve, 2023 NSCA 27 Judge: Chief Justice Michael J. Wood Subject Matter: Motion by written submission (Civil Procedure Rule 90.38) Justice Peter Bryson dismissed Mr. Ezurike’s motion for an extension of time to file his appeal. The proposed appeal related to a Corollary Relief Order issued by Justice Samuel Moreau of the Nova […]
Our NS Family Law team provides summaries of recent cases which have appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.
The Supreme Court of Canada (“SCC”) recently addressed the law with respect to government liability in negligence cases. It is a long standing principle in Canada that public authorities are generally immune from liability for core policy decisions. In Nelson (City of) v Marchi (“Nelson”), the SCC did not dramatically change the law, but rather […]
Richardson v. Richardson, 2021 SCC 36 Justices Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal Issues: Best interest of the child | Custody The parties have a 16-year-old daughter and a 10-year-old son. The dispute revolved around custody of the two children and whether it is in their best interests to […]
Green v Green, 2021 NSCA 61 Justice Bourgeois Issues: Custody | Appeal | Late Application The parties were involved in a high conflict divorce. At trial, the judge awarded primary care to the mother, and specified access for the father. The father sought to appeal the trial decision on the grounds that his contempt applications […]
In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against […]
Our NS Family Law team provides summaries of the May cases which appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.
What is the “standard of review”? In considering a challenge to the decision of an arbitrator, tribunal or other administrative body, whether by appeal or judicial review, this is always a fundamental question. Yet, finding the right answer has remained one of the most confusing legal questions out there. This has resulted in seemingly inconsistent […]