Canadian Caselaw › Newfoundland Court of Appeal
- R. v. Smyth, 2019 NLCA 73
- Vey v. Newfoundland and Labrador Pharmacy Board, 2019 NLCA 72
O’Keefe v. O’Keefe, 2019 NLCA 70
 In an application before the Family Division of the Supreme Court of Newfoundland and Labrador, Brenda O’Keefe sought an order for division of matrimonial property, spousal support, and setting aside, in whole or in part, the separation agreement that she signed with Jerome O’Keefe on March 15, 2011. She had independent legal advice before signing the agreement, and her lawyer...
B.B. v. Newfoundland and Labrador English School District, 2019 NLCA 71
 B.B., a teacher employed by the Newfoundland and Labrador English School District, filed a statement of claim against W.P., a teacher also employed by the School District, and against the Board of Trustees. The statement of claim alleges defamation, breach of confidentiality and harassment by W.P., and vicarious liability by the Board of Trustees. The applications judge ordered the
- Patrick Street Holdings Ltd. v. Cook, 2019 NLCA 69
- Re: Office of the Public Trustee; Brake v. Brake, 2019 NLCA 68
- C.R. v. L.R., 2019 NLCA 67
L.H.E. v. D.A.E., 2019 NLCA 66
 The Applicant is the Respondent’s sister. She is 7 years his junior. She has alleged that when she was 7 years of age the Respondent sexually assaulted her on two occasions by performing oral sex upon her. In addition, she has alleged that the Respondent continued to sexually assault her until she was 16 years of age. …
- R. v. J.N., 2019 NLCA 65
- R. v. Stokes, 2019 NLCA 62
- Hynes v. Snook, 2019 NLCA 61
- Federation of Newfoundland Indians Inc. v. Benoit, 2019 NLCA 60
John Doe (G.E.B. #113) v. Canada (Attorney General), 2019 NLCA 59
 This is an application by the appellant to consolidate this matter with another matter currently before this Court, namely, Jane Doe v. M.N., 201801H0081. Jane Doe (who has engaged the same counsel as John Doe) supports the consolidation application. The Attorney General of Canada (Crown), a respondent in both matters, opposes the application.
A.M. v. R.M., 2019 NLCA 58
 This is an application by A.M. seeking to have a Notice of Appeal struck on the basis that hearing the appeal before the matter is completed would result in delay, inconvenience or inefficient use of judicial resources (rule 35 of the Court of Appeal Rules), or alternatively, on the basis that the appeal is without merit (rule 36).
General Cable Company Ltd. v. Labrador-Island Link Limited Partnership, 2019 NLCA 56
 An application by General Cable Company Ltd. to strike out a statement of claim filed by Labrador-Island Link Limited was denied by a judge of the Supreme Court, General Division. General Cable took the position that pursuing an action in court amounted to an abuse of process because Labrador-Island Link had failed to comply with the dispute resolution clause in a purchase agreement
D.C. v. K.C.C., 2019 NLCA 57
 This is an application by D.C. for an extension of the usual time prescribed for the filing of a Notice of Appeal. The Court Order for the matter under appeal (interim child support) was filed on August 1, 2019; the appeal should have been filed within 10 days but was not. This application for an extension of the time was filed August 20, 2019.
Unifor Local 2121 v. Newfoundland and Labrador (Labour Relations Board), 2019 NLCA 55
 This appeal involves a challenge to a decision of a judge on judicial review of a labour relations board decision dealing with the scope and operation of sections 38.1 and 56.1 of the Labour Relations Act, RSNL 1990, c. L-1. The issues in this case arise in the context of addressing the question as to which employers of workers on the Hibernia oil production platform offshore...
Squires v. Smith, 2019 NLCA 54
 The appellant and respondent are the father and mother of a five-year-old child. They were involved in a short-term relationship that ended before the child was born. The parties had a trial in the Family Division which resulted in a comprehensive final order, containing 67 paragraphs pertaining to custody, parenting and support of the child, which has been in place since March of 2
Harnett v. Clements, 2019 NLCA 53
 Mr. Harnett appeals the decision of a Justice of the Supreme Court of Newfoundland and Labrador, Family Division, permitting Ms. Clements to relocate the parties’ son to Alberta. The mother was awarded sole custody and the father was given access rights to be exercised at the father’s expense, but the travel costs were subject to variation if and when the mother obtained work.
- R. v. Normore, 2019 NLCA 50
- RJG Construction Limited v. Marine Atlantic Inc., 2019 NLCA 51
- Miller v. Morgan, 2019 NLCA 49
- R. v. Chafe, 2019 NLCA 48
- R. v. Manning, 2019 NLCA 46
- Coleman Management Services Limited v. M.M. H. Prestige Homes Inc., 2019 NLCA 45
- Wiscombe v. Martin, 2019 NLCA 44
- R. v. Roberts, 2019 NLCA 43
- R. v. S.O., 2019 NLCA 42
Thorne v. Thorne, 2019 NLCA 26
 The parties, all children of Therese Thorne (the “deceased”), do not dispute the validity of their mother’s Will or the distribution of assets set out in the Will. This appeal is brought by one of the beneficiaries of the residue of the estate, Michelle Thorne. At issue is whether the trial judge erred in concluding that monies that the deceased had in investment and bank accounts...
Taylor v. Mallany, 2019 NLCA 25
 Following an order from an applications judge to vacate their home, the appellants, the Taylors, appealed the decision of the applications judge on the basis that they were denied procedural fairness at the hearing.