This Month in Nova Scotia Family Law – March 2024

Fox v. Muise, 2024, NSSC 50 Judge: Honourable Justice Theresa M Forgeron Subject: Child Support, Unjust Enrichment Summary:  Leonard Fox and Margaret Muise have two children born in 2001 and 2004 from a common-law relationship that ended in 2010. In 2012-2013, a contested hearing decided on parenting, child support, and unjust enrichment. Mr. Fox seeks to […]

This Month in Nova Scotia Family Law – February 2022

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.

This Month in Nova Scotia Family Law – January 2022

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.

December 5, 2019

New Brunswick Court of Appeal Limits Appellate Intervention in Motion...

In Babin v. C.J.M. Dieppe Investments Ltd. and TG 378 Gauvin Ltd., 2019 NBCA 44, the New Brunswick Court of Appeal made clear that it will not interfere lightly with a motion judge’s discretionary decision to grant partial summary judgment, particularly where a decision on the merits is correct in law.  The Court of Appeal […]

Rule 22 Motions: No Discovery? No Problem!

In Linda Trevors v. Anne Doucet, Lea Allard, Enterprise Rent-A-Car Canada Company, and Co-operators General Insurance,1  (hereinafter “Trevors v. Doucet”) the moving party applied for summary judgment early in the proceeding.  Discovery had not yet occurred.  The applicants were successful on the motion despite allegations it was premature. Background On May 16, 2015, a head […]

Fraud of Homecare Administrator Survives Bankruptcy Discharge

Over the course of two years, a retirement home administrator by the name of Melissa Gibson-Heath stole $229,000 from an elderly resident of the retirement home where she worked, the Fairfield Manor East.

New Summary Judgment Motion Rule Introduced in New Brunswick: More...

As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication.