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  • 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.

  • SystemCare Cleaning and Restoration Limited v. Kaehler, 2019 NSCA 29

    [1] In January 2013, Dale Kaehler and Josee Desjardins (the “respondents”) commenced a legal action against SystemCare Cleaning and Restoration Limited (“SCRL”). Located in Dartmouth, Nova Scotia, SCRL markets restoration services and has granted a licence to a number of franchisees to use its trademark “SystemCare”. The respondents alleged they had entered into a contract with SCRL to carry out...

  • Elfreda Freeman Alter Ego Trust (2015) v. Payne, 2019 NSCA 28

    [1] The respondents have a right-of-way (ROW) which runs through the appellant's property. The appellant rerouted a section of the ROW and blocked the respondents' access to the original section.

  • Halifax (Regional Municipality) v. Tarrant, 2019 NSCA 27

    [1] Bedford's Land Use By-law stipulates minimum setbacks for new construction. The landowner wished to build closer to the lot lines. The landowner applied for, and the Municipality's development officer granted, a setback variance. Several neighbours appealed to the Community Council, the appellate tribunal under the Halifax Regional Municipality Charter. All parties received notice of the...

  • MacIsaac Estate v. Urquhart, 2019 NSCA 25

    [1] This appeal and cross-appeal arise from a handshake agreement of purchase and sale (“APS”) entered into in January 2010 between Ronald MacIsaac (“Ron”), one of the vendors, and Richard Urquhart (“Richard”), one of the purchasers, for the “homestead property”, consisting of a farmhouse, barn and approximately ten acres of land in rural Antigonish County. Daniel MacIsaac (“Danny”) and DJMI...

  • McPherson v. Campbell, 2019 NSCA 23

    [1] The appellant is currently an inmate in a federal penitentiary. Following a trial by judge and jury, he was convicted of various driving offences, all arising out of a collision that occurred on September 30, 2011. The most serious offences were criminal negligence causing death and bodily harm. He was sentenced to 10 years' imprisonment less credit for time spent on remand.

  • Willson v. Bond Estate, 2019 NSCA 24

    [1] At the conclusion of argument, leave to appeal was granted and the appeal was dismissed with reasons to follow. These are they.

  • 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.

  • Nova Scotia (Aboriginal Affairs) v. Northern Pulp Nova Scotia Corporation, 2019 NSCA 12

    [1]        Northern Pulp Nova Scotia Corporation (“Northern Pulp”) owns and operates a bleached kraft pulp mill and associated facilities located at Abercrombie Point, Pictou County. This latter has been referred to by the parties as “the mill” and I will continue to refer to it as such within the body of these reasons.

  • R. v. MacDonald, 2019 NSCA 5

    [1]          The Crown seeks leave to appeal and if granted appeals from a non-custodial sentence imposed by the Honourable Judge Del W. Atwood on a 61-year-old first offender for the offence of break, enter and commit mischief into a residence contrary to s. 348(1)(b) of the Criminal Code.

  • An Jager v. Jager, 2019 NSCA 9

    [1]             On January 31, 2019, I heard a Registrar’s motion to dismiss Julie Deborah An Jager’s appeal.  At the conclusion of the hearing, I advised the motion was granted with reasons to follow.  These are my reasons.

  • R. v. N.M., 2019 NSCA 4

    [1]          Following a two-day trial in Provincial Court, the appellant, N.M., was found guilty of nine sexual offences.  The complainant was his eldest daughter, S.M., who alleged her father had engaged in various forms of sexual contact with her.  She testified the sexual abuse began when she was four years of age, and continued on a frequent basis until she was 15.

  • Sparks v. Holland, 2019 NSCA 3

    [1]          The respondent, Catherine Holland,  was involved in a motor vehicle accident with the appellant, Josh Sparks, on May 15, 2013.  As a result of injuries suffered in the motor vehicle accident, she received Canada Pension Plan disability benefits. 

  • R. v. MacLellan, 2019 NSCA 2

    [1]          Canada long followed English precedent that death of a party to a criminal appeal ends the proceedings.  The rule is no longer absolute.  England changed the law by legislation.  In Canada, the Courts now recognize that in rare and exceptional circumstances an appeal court has the discretion to hear an appeal notwithstanding the death of the appellant.  But a personal representative...

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