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14752 results for Canadian Caselaw › Supreme Court of Nova Scotia

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  • 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...

  • R v. Mugford, 2019 NSSC 127

    [1]          Mr. Mugford, age 37 years, is before me to be sentenced for the serious offence of conspiring to traffic in cocaine, contrary to s. 465(1)(c) of the Criminal Code.  The Indictment states the offence took place between the period of October, 2015 to 23 February, 2017.

  • Crocker (Re), 2019 NSSC 121

    [1] Ms. Crocker filed for this, her first bankruptcy, on March 30, 2016. That was just over seven years after she completed her studies. Accordingly, her only major debt, approximately $25,000 in federal and provincial student loans, would be extinguished pursuant to Section 178(1)(g) of the Bankruptcy and Insolvency Act, RSC 1985, c. B-3 upon her discharge.

  • Houston v. Nova Scotia (Department of Transportation and Infrastructure Renewal), 2019 NSSC 118

    [1] The Freedom of Information and Protection of Privacy Act, SNS 1993, c.5 [“FOIPOP”] has been described by our Court of Appeal as “more generous to its citizens and is intended to give the public greater access to information than might otherwise be contemplated in the other Provinces and Territories in Canada”.1

  • Canadian Union of Public Employees (CUPE) v. Nova Scotia Police Review Board, 2019 NSSC 114

    [1] Mr. Mosher was an officer with the Halifax Regional Police, when his employment was terminated. During his appeal thereof to Nova Scotia Police Review Board (“the Board”), his employer Halifax Regional Municipality (“HRM”) and his then union Halifax Regional Police Association ([HRPA”) reached a settlement via Memorandum of Agreement (“the MOA”) which included a Disability Accommodation...

  • Day v. Day, 2019 NSSC 116

    [1]          Vincent and Christine Day are the parents of Jessica (13) and Ashlyn (11).  They were able to resolve the issues related to their parenting arrangements, but were unable to resolve the issue of child support.  Ms. Day has primary care of the children.

  • M.N. v. A.N., 2019 NSSC 134

    [1]          The Petitioner, M.N., and the Respondent, A.N., were married, December 31, 2001.

  • Corbin v. Murchy, 2019 NSSC 12

    [1] This is an action for damages for breach of contract arising out of a failed agreement between the plaintiff and the corporate defendant for the transfer of a piece of land and building located in the village of Goldboro in the County of Guysborough, Nova Scotia.

  • R. v. Withrow, 2019 NSSC 110

    [1]          On October 28, 2015 Mr. Withrow was charged with 13 others in a substantial conspiracy to traffick very significant amounts of marijuana from British Columbia to various locations in Eastern Canada.  Marijuana was transported east in large suitcases and cash was transported west in small suitcases.  Transportation was by air.  Mr. Withrow faced a six-count Indictment that alleged...

  • Burghardt v Burghardt, 2019 NSSC 106

    [1]          Tamara Burghardt (“the petitioner”) and Adrian Burghardt (“the respondent”) had dated during their teen years. They commenced building a home together and cohabitating in March 1995; married on October 14, 1995; raised two children, who are now 22 and 19 respectively; then, separated on March 5, 2012, when the petitioner left home with the children. The petitioner was 40 at...

  • R. v. Murphy, 2019 NSSC 105

    [1] In my written decision (2018 NSSC 310), I found Mr. Murphy guilty that on May 16, 2017, at or near Randall Avenue, Halifax, Nova Scotia, he had (crack) cocaine in his possession for the purpose of trafficking, contrary to section 5(2) CDSA, and thereby also breached his October 3, 2016 probation order by failing to keep the peace and be of good behaviour, contrary to section 733.1(1)(a)...

  • R. v ELB, 2019 NSSC 107

    [1]          The accused is charged that between January 2008 and December 2012, when SB, his adopted daughter, was between the ages of 10 and 14, he did for a sexual purpose touch her with his hand and mouth contrary to s. 151 of the Criminal Code and did sexual assault her contrary to s. 271 of the Criminal Code.

  • Gallagher Holdings Limited v. Unison Resources Incorporated, 2019 NSSC 104

    [1]          Last August, I signed a decision determining this proceeding.  It is reported as Gallagher Holdings Limited v. Unison Resources Incorporated, 2018 NSSC 251.  The applicants were successful.  They seek costs.

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