Case Law › Nova Scotia

[1] The Claimants received more (and also less) than they bargained for when they bought the yearling standardbred filly Putnam's Snowstorm at auction in PEI in October of 2017. Unbeknownst to them, the filly was pregnant and would be unable to race for most of the 2018 harness racing season. She gave birth to a foal some nine months after the auction, which meant that she was two months pregnant

[1] The Claimant contends that she is owed several years of back wages for her work in the Defendant's equestrian business. She also claims delivery to her of a particular pony which she said was promised to her. The claims on their face are worth many tens of thousands of dollars although, as the Claimant well understands, this court is limited to awarding $25,000.00.

[1] The Claimant is a well-known property management company. The Defendant is the condominium corporation for a large condominium building on Spring Garden Road in Halifax.

[1] This case involves a scenario that is every vehicle owner's nightmare. Your vehicle breaks down. You take it to a repair facility, which makes a preliminary diagnosis. You authorize an expensive repair which, unfortunately does not solve the problem, but reveals further deficiencies. You authorize further repairs, which (again) do not solve the problem but reveal further areas for exploration.

[1] The parties have been unable to agree on costs following a motion for production of the file of Dr. Michael Clerk as well as journal entries made by the plaintiff Shirly Hill in her personal journal. The defendant Dr. Bruce Cameron was successful on the motion. He is entitled to his costs on the motion.

[1] The respondent, Alex M. Cameron, conducted civil litigation at the Nova Scotia Department of Justice for 26 years prior to 2017. On April 17, 2017, Mr. Cameron retired from employment with the Department of Justice and served a Notice of Intended Action indicating he intended to sue the Province of Nova Scotia; the premier, Stephen McNeil; and the then Attorney General, Diana Whalen, for...

[1] This appeal focuses on how the trial judge dealt with the division of property, child and spousal support, and costs.

[1] Mr. Avard was born March 14, 1985. He completed his business degree at St. Mary's University in 2009. He also has certifications in carpentry and heavy equipment operation. Unfortunately, alcohol abuse (sometimes interspersed with cocaine) has overshadowed his attempts to lead a pro-social life. 1

[1] The Crown appeals from the sentence imposed by a Provincial Court judge following Mr. Chase's conviction for possession of cocaine for the purpose of trafficking. The Crown says the sentence is so obviously inadequate and out of step with legal precedent as to be demonstrably unfit; it reflects what in the Crown's view is an alarming trend towards similarly lenient sentences for serious drug-r

[1] From time to time, everyone is vulnerable to feeling swamped. For some, those feelings may be manageable. People may have support networks—friends, family, coworkers, health professionals, EAPs and others—and may have developed over time constructive coping strategies that help promote resilience in times of difficulty.

[1] On June 12, 2018 the Minister of the Environment issued an order against 3266304 Nova Scotia Limited to immediately cease operating a quarry at Brooklyn Road in Annapolis County. The order also prohibited “any blasting, excavation, crushing, processing or selling of aggregate”. The order gave the numbered company sixty days to apply for permission either to operate a quarry or to rehabilitate

[1] Following a judge and jury trial late last year, Gregory Howard Bowser was convicted of three counts of common assault (Criminal Code, RSC 1985, c. C-46, s. 266). The sentencing was scheduled for today and the Court received the following materials in April and May:

[1] Henry Richard Burns, 74, is a sick and infirm man. He is also a fourth-time bankrupt.

[1] The child Plaintiff suffers from congenital hypothyroidism. Early treatment would have minimized the neurological damage. Immediately after birth, a blood screen detected an abnormality. But for over a year nothing was done to diagnose and treat the condition. By then it was too late.

[1] My decision in this matter was reported in Innes v. Childs, 2019 NSSC 73. The sole issue requiring determination was the cross application by Mr. Childs and Ms. Barkhouse for compensation under the Land Registration Act as a result of an error made by lawyer Jack Innes when he migrated a property which Mr. Childs and Ms. Barkhouse (“the Respondents”) subsequently purchased at a foreclosure...

[1] This decision is about whether I should appoint Susan Sly as E's Guardian Ad-Litem. E is the 13-year-old son of SH, the father, and KM, the mother, who are the Respondents in a child protection proceeding. The Agency became involved with this family because of concerns that E and his 11-year-old sister are being emotionally abused and neglected within the context of a high conflict parenting...

[1] By decision dated February 22, 2019, this Court granted the Defendant's motion for summary judgment on evidence. Costs were awarded in favour of the Defendant.

[1] On November 28, 2018, the jury in this case returned a guilty verdict with respect to a charge of second degree murder, contrary to s. 235 of the Criminal Code. The sentence to which Mr. Cromwell is subject was thereby determined: life imprisonment.

[1] Robert James MacRury made an assignment in bankruptcy on February 22, 2017. He had a life insurance policy with no cash surrender value, with proceeds payable to his estate. Accordingly, it was listed only as an asset with a nominal value ($1.00) on his statement of affairs. The Trustee had (March 21, 2017) advised the policyholder, Scotia Life, of the assignment. Scotia Life acknowledged...

[1] This is an appeal of a Small Claims Court adjudicator's decision on an appeal from the Director of Residential Tenancies under the Residential Tenancies Act, RSNS 1989, c. 401 (the RTA). The adjudicator ordered the appellant to vacate the property and pay arrears of rent. The appellant says the adjudicator denied her natural justice and seeks to adduce fresh evidence on appeal.

[1]          In January 2011, William Kontuk, an employee of the Province of Nova Scotia, began receiving long-term disability benefits under the Nova Scotia Public Service Long Term Disability Plan (the “Plan”).

[1] The parties cohabited for approximately a year and a half. They entered into an agreement for the purchase of the property to be paid over time. They each contributed $5000 to the $10,000 down payment. The claimant seeks reimbursement of her $5000 and the defendant says that he would pay it when he eventually pays out the agreement. They continued to make the payments while they were living...

[1]       This proceeding involves the question of whether a particular stretch of road is a public road or a private one.

[1]          This decision explains why I conclude that Mr. Clyke’s two statements made on November 29, 2016 to police officers are admissible at his murder trial.

[1] I have found Mr. Clyke guilty of the second-degree murder of Angela Patricia Hall based on Section 229(a)(ii) Criminal Code (“CC”). By operation of law (s. 235 CC) he is automatically subject to a sentence of life imprisonment.

[1]          This litigation was commenced in August 2009 as a proposed Class Action under the Class Proceedings Act, S.N.S. 2007, c. 28. The plaintiffs alleged that Avandia, a pharmaceutical used to treat Type II diabetes, increased the risk of cardiovascular events, including heart attacks and congestive heart failure. They said that adequate warnings had not been given by the defendants.

[1] The Plaintiff, Janet Lynn Casey, commenced an action against the Defendants, the Teachers’ Pension Plan Trustee Inc. (“TPPTI”) and the Nova Scotia Pension Services Corporation (“NSPSC”), alleging unjust enrichment, negligence, and bad faith arising from the Defendants’ decision to not allow the Plaintiff to apply for disability pension benefits. The Plaintiff is seeking various remedies...