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3776 results for Canadian Caselaw › Nova Scotia Court of Appeal

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  • Trachevska v. Hayne, 2019 NSCA 79
  • Cape Breton (Regional Municipality) v. Nova Scotia (Attorney General), 2019 NSCA 77
  • Nova Scotia (Aboriginal Affairs) v. Pictou Landing First Nation, 2019 NSCA 75

    [1]          For over half a century, the pulp mill at Abercrombie Point has discharged fluid effluent into Boat Harbour and emissions into the air. Pictou Landing First Nation is a Mi’kmaw community nearby. It has long complained to the Province that the discharges were toxic. The Provincial Government promised to act. But nothing was done.   

  • R. v. Snow, 2019 NSCA 76

    [1]          The appellant seeks a new trial based on a complaint that trial counsel’s incompetence caused a miscarriage of justice.  There is no merit to this complaint. 

  • R. v. Newman, 2019 NSCA 74

    [1]          Shawn Patrick Newman was convicted of robbery and sentenced to five-and-a-half years’ incarceration.  First he appealed conviction, then sentence.  He wanted counsel to represent him on his appeals.  Nova Scotia Legal Aid denied him counsel.  He now applies for appointment of counsel in accordance with s. 684 of the Criminal Code. 

  • Nova Scotia (Community Services) v. V.A.H., 2019 NSCA 72

    [1]          The Minister of Community Services appeals the unreported decision of Family Court Judge Marci Lin Melvin by which she returned custody and care of two children to their parents after their apprehension by the Minister.

  • Landry v. Benjamin, 2019 NSCA 73

    [1]          The appellants were the previous owners of a property sold to the respondent John Benjamin at a municipal tax sale in 2018.  When the appellants failed to deliver possession of the property, he successfully applied in the Nova Scotia Supreme Court for vacant possession.  (A companion claim for lost rental income was dismissed).  The appellants were ordered to vacate the property...

  • McLean v. Sleigh, 2019 NSCA 71

    [1]          Roxanne McLean, the appellant mother, appeals Justice C. LouAnn Chiasson’s (1) January 30, 2017 decision that she was in contempt of paragraph 7 of Justice Deborah Gass’ (as she then was) December 17, 2014 Order and (2) September 18, 2018 Order that she pay a fine of $2,500.00 to Andrew Sleigh, the respondent father, together with $14,395.70, representing eighty percent of his taxed...

  • Roy v. Cashen Estate, 2019 NSCA 62
  • Doncaster v. Field, 2019 NSCA 61
  • C.S.J.L.M. v. Nova Scotia (Community Services), 2019 NSCA 59
  • R. v. Finck, 2019 NSCA 60
  • Kontuk v. Nova Scotia Public Service Long Term Disability Plan Trust Fund, 2019 NSCA 33

    [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”).

  • Delano v. Gendron, 2019 NSCA 32

    [1]          This appeal concerns an objection raised in the course of a discovery examination. Mr. Hurlburt, the respondent, was asked to provide a sketch of an intersection. His lawyer, Mr. Beckett, objected.  Efforts to resolve the dispute failed. A motion was brought by Ms. Delano, the appellant, before Justice Robin Gogan for a determination of the objection pursuant to Civil Procedure Rule 1

  • Halifax Herald Limited v. Clarke, 2019 NSCA 31

    [1]          Constructive dismissal occurs when an employer unilaterally makes substantial negative changes to an employee’s work.  The employee is not actually fired without just cause, but the law says it is really the same thing.

  • Cameron v. Nova Scotia Association of Health Organizations Long Term Disability Plan, 2019 NSCA 30

    [1]          The appellant, Angela Lee Cameron, worked at St. Martha’s Hospital in Antigonish, Nova Scotia for 25 years.  In September 2015, she applied under the Nova Scotia Association of Health Organizations Long Term Disability Plan (the “Plan”) for long-term disability benefits.  She was notified in May 2016 that her claim was denied.

  • Kings County (Municipality) v. Methot, 2019 NSCA 21

    [1]          The eight individual respondents (Owners) purchased two adjacent lots near Lake George in Kings County, Nova Scotia. There was a cottage on one of the lots. The Owners placed four recreational vehicles (RVs) on the lots, and used them and the cottage for recreational purposes. The RVs contravened the Municipal Planning Strategy and Land Use By-laws for the area.

  • Nova Scotia (Attorney General) v. S&D Smith Central Supplies Limited, 2019 NSCA 22

    [1]          S&D Smith Central Supplies owns land in Antigonish County. From there it operates a home hardware business. Over forty years the enterprise has grown significantly. On May 1, 2012, the Province filed a notice at the Registry of Deeds that expropriated a corridor through Central’s land. The purpose was to reconfigure the Trans-Canada Highway. The Utility and Review Board fixed...

  • R. v. McPherson, 2019 NSCA 20

    [1]             We are unanimously of the view that the conviction appeal should be dismissed.  The grounds of appeal against conviction are without merit.  It is not necessary to address them further.

  • R. v. Poobalasingam, 2019 NSCA 19

    [1]             We are unanimously of the view that the trial judge properly applied the principles of sentencing and properly balanced the aggravating and mitigating factors.  She heard the trial evidence and made determinations of fact.  She made no palpable or overriding factual errors.  Nor did the trial judge make any errors of law.  We are also satisfied the sentence is not manifestly unfit

  • Rice v. Rice, 2019 NSCA 18

    [1]             On March 7, 2019, I heard a motion brought by the Registrar to dismiss an appeal commenced by Candace Rice.  After having heard from Ms. Rice, the respondent Aaron Rice, and considering the material before me, I advised the Registrar’s motion was granted and the appeal dismissed.  I promised written reasons would follow.  These are my reasons.

  • Roy v. Schofield, 2019 NSCA 17

    [1]             On March 7, 2019, I heard a motion brought by the Registrar to dismiss an appeal commenced by Amber Roy.  After having heard from counsel for Ms. Roy, the respondent Tony Schofield, and having reviewed the materials before me, I advised the motion to dismiss was granted, with written reasons to follow.  These are my reasons.

  • Gallant v. Nova Scotia (Workers’ Compensation Board), 2019 NSCA 16

    [1]             On March 7, 2019, I heard a motion filed by Mr. Shawn Gallant seeking an injunction.  I dismissed his motion, providing brief oral reasons.  I promised that I would provide written reasons setting out why his motion was dismissed and, in particular, why this Court does not have the jurisdiction to consider his request.  These are my reasons.

  • Atlantic Mining NS Corp. (D.D.V. Gold Limited) v. Oakley, 2019 NSCA 14

    [1]             An owner who is displaced by an expropriation must be paid the property’s market value as well as something for his “disturbance”.  This case is about that “something”.

  • Linden Leas Limited v. Nova Scotia (Farm Loan Board), 2019 NSCA 15

    [1]             The appellant, Linden Leas Limited, seeks to appeal a decision of Justice Gregory Warner.  The decision in question was made pursuant to the Overholding Tenants Act, R.S.N.S. 1989, c. 329 (the “Act”).  The parties have raised as a preliminary issue the scope of this Court’s role on appeal and, in particular, the proper interpretation of s. 18 of the Act.

  • R. v. McPherson, 2019 NSCA 13

    [1]             Mr. McPherson has been in custody since 2011.  At one time, he was found unfit to stand trial. Fitness returned, and he stood his trial before judge and jury in June 2015.  The jury convicted him of criminal negligence causing death and bodily harm.

  • Unfiltered Brewing Incorporated v. Nova Scotia Liquor Corporation, 2019 NSCA 10

    [1]             The appellant, Unfiltered Brewing Incorporated, is a microbrewery which commenced operations in 2014.  It manufactures beer at its North Street location in Halifax under a permit issued by the respondent, Nova Scotia Liquor Corporation (NSLC).  It also operates a retail store front adjacent to its North Street brewery under a separate permit from NSLC.

  • R. v. Espinosa Ribadeneira, 2019 NSCA 7

    [1]          A very intoxicated university student unlawfully entered two separate apartments and assaulted the occupants.  Since the offences, which were committed in a severe state of inebriation and out of character, he has addressed his alcohol problem through treatment programs and counselling, and accepted responsibility for his actions in a public manner by telling his story and what he...

  • Klefenz v. Klefenz, 2019 NSCA 6

    [1]          In 2015, the parties were divorced.  Following a two-day trial, a written decision and subsequent Corollary Relief Order (“CRO”) were issued by Justice Beryl MacDonald.  Amongst other things, the trial judge ordered Mr. Klefenz (the respondent) to pay monthly child and spousal support to Ms. Klefenz (the appellant).

  • R. v. McNeil, 2019 NSCA 8

    [1]          On September 15, 2016, Morgan James McNeil plead guilty to manslaughter in relation to the death of Laura Jessome.  On November 14, 2016, Mr. McNeil was sentenced to seven years’ imprisonment to be served consecutively with an eight-year sentence he was already serving for unrelated matters.

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