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  • Hill v. Cameron, 2019 NSSC 164

    [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.

  • Richards v MacKinnon, 2019 NSSC 163
  • R. v. Avard, 2019 NSSC 161

    [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

  • 3266304 Nova Scotia Limited v. Nova Scotia (Minister of the Environment), 2019 NSSC 148

    [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

  • R. v. Bowser, 2019 NSSC 154

    [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:

  • Burns (Re), 2019 NSSC 155

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

  • Innes v. Childs, 2019 NSSC 150

    [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...

  • Nova Scotia (Community Services) v. K.M., 2019 NSSC 152

    [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...

  • Richards Estate v. Industrial Alliance Insurance and Financial Services, 2019 NSSC 122

    [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.

  • R. v. Cromwell, 2019 NSSC 144

    [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.

  • MacRury (Re), 2019 NSSC 146

    [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...

  • Luke v. Chopra, 2019 NSSC 145

    [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.

  • Romkey v. Osborne, 2019 NSSC 142

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

  • R. v. Clyke, 2019 NSSC 137

    [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.

  • R. v. Clyke, 2019 NSSC 140

    [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.

  • Tobin v. Hurley, 2019 NSSC 120
  • Sweetland v. Glaxosmithkline Inc., 2019 NSSC 136

    [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.

  • Casey v. Teachers’ Pension Plan Trustee Inc., 2019 NSSC 135

    [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...

  • Landry v. Kidlark, 2019 NSSC 128

    [1]          This decision deals with the form of order and costs following an application heard by Justice John Murphy on January 29, 2018.

  • Malloy v. Intact Insurance Company, 2019 NSSC 131

    [1]          Shauna Vraielene Malloy was injured in a car accident in October 2014. She applied for and got the statutory accident benefits from Intact Insurance. Intact denied reimbursement for a medical procedure. In December 2017 Ms. Malloy sued Intact claiming that they had improperly denied medical benefits under the policy. She claimed that Intact breached its duty of good faith in...

  • Nova Scotia (Community Services) v C.M., 2019 NSSC 130

    [1] C.M. and C.W. are the parents of two children together.  C.S.A.M. was born on August *, 2015 and E.M. was born on September *, 2017.  C.M. is also the mother of D.M., for whom no father is named on the birth certificate.  D.M. was born on August *, 2018. 

  • A.C. v. G.B., 2019 NSSC 133

    [1]          A.C. and G.B. are the parents of I.B.  I.B. is, by all accounts, a wonderful 9-year-old boy.  He is dearly loved by both his parents and has the benefit of the love and support of relationships with extended family and friends.  This application has been brought by A.C. requesting the ability to move with I.B. to Ontario with herself, her new spouse, and I.B.’s step sibling.  G.B....

  • R. v. PJB., 2019 NSSC 109

    [1]          PJB is charged by an amended single-count Indictment with unlawful sexual assault on NH, on or about the 26th day of September 2015, contrary to s. 271 of the Criminal Code of Canada R.S.C. 1985, c. C-46.  Mr. B pled not guilty on June 8, 2017.  

  • Woodrow v. Drover, 2019 NSSC 141

    [1]          This decision is about where four-year-old Alex and two-year-old Leah will live.  Alex and Leah are the much-loved children of Jennifer Erin Woodrow and William Eric Drover.  Ms. Woodrow wants to relocate with the children to Calgary.  Mr. Drover is against the move; he wants the children to continue to live in Halifax.

  • R v Smith, 2019 NSSC 129

    [1]          The Accused, Hugh David Smith (Smith) is charged in an Indictment as follows:

  • Ucore Rare Metals Inc. v. IBC Advanced Technologies, Inc., 2019 NSSC 132

    [1]          By Notice of Motion filed April 8, 2019 the Defendants, IBC Advanced Technologies, Inc. and Steven R. Izatt (IBC and Izatt) bring the within Motion:

  • R. v. Henneberry, 2019 NSSC 119

    [1]          The Crown appealed the Respondent’s sentence imposed by a Provincial Court Judge.  The sentencing judge had ordered partial forfeiture of the Respondent’s halibut catch in the amount of $20,000.00 and had imposed a fine of $10,000.00.  The Respondent’s total catch was valued at $178,000.00.  The illegal overage was worth $70,000.00.  The Judge’s sentence left the Respondent with $40,0

  • Annapolis Group Inc. v. Halifax Regional Municipality, 2019 NSSC 139

    [1]          Today I heard argument in respect of the Motion that I started to hear on March 26, 2019.  The Motion was adjourned on March 26 on account of then Halifax Regional Municipality (HRM) counsel, John A. Keith, Q.C., receiving an emergency message in the midst of Mr. Griffin’s cross-examination of HRM’s in-house lawyer, Edward J. Murphy.  Mr. Keith requested a recess, which I granted,...

  • R. v. Burnett, 2019 NSSC 97

    [1] Craig Robert Burnett is charged by a seven count Indictment (Appendix A) broken into two time periods. The first four counts relate to alleged trafficking activities dating back to 2010. The remaining three stem from a 2016 investigation of Mr. Burnett.

  • Hastie v Hastie, 2019 NSSC 126

    [1] The parties separated on September 28, 2015. Neither filed a petition for divorce. However, on November 23, 2016 Ms. Hastie applied for spousal maintenance, exclusive occupation of the matrimonial home, and a division of assets and pensions under the Matrimonial Property Act, [RSNS 1989, C.275] (as amended). Mr. Hastie did not file a response to her Application, but he did file income and...

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