Court of King''s Bench of New Brunswick (Canada)

Proceeds of sale. Personal property. Wills act. Bank accounts

Variation order. Spousal support. Divorce act. Disability benefits

Land title insurers. Application dismissed. New mortgage agreement. Entire house

Concurrent jurisdiction over the question of access. Withholding of a child without the consent of the person. Habitually resident. Custody agreement. Parenting time

Award of general damages. Property boundary. Contaminated soil. Strict liability. Waste oil. Catch basins

Interim parenting order hearing. Family law act. Affidavit evidence. Parenting time

Manslaughter sentencing. Criminal record. Convictions for firearms offences. Unlawful act

[1]     At the conclusion of this court’s decision on the trial of the common issues dated September 28, 2022, the court invited further submissions from the parties on the issue of costs of that trial. This ruling (Ruling # 10) should therefore be read in conjunction with that decision. To be clear this ruling deals with costs of this proceeding since the conclusion of the...

Criminal offence. Detention in custody. Release order. Presumption of innocence. Administration of justice. Degree murder

Insurance policy. Summary judgment. Value of the personal property

Care of the child. Right of access. Family support worker. Mental health issues. Parenting courses. Guardianship order

Family law act. Involvement in terms of parental care. Rights of access. Maternal grandparents

Costs in family matters. Claim for unjust enrichment. Child support. Parenting schedule. Life insurance coverage

[1]                                This is an application by the accused, Mr. Cornford, where he seeks a stay of proceedings based on an alleged violation of s. 11(b) of the Canadian Charter of Rights and Freedoms (the “Charter”), alleging that

Policy of insurance. Motor vehicle liability policy. Civil action. Damage to property. Statutory minimum

Division of marital property. Summary judgment. General principle of an equal division

[1] On October 1st, 2021, the Minister of Social Development filed a Notice of Application requesting the Guardianship of four children.  The Minister is requesting that the custody, care, and control of, and all parental rights and responsibilities with respect to the children be transferred on a permanent basis to the Minister pursuant to subsection 56(1) of the Family Services Act, being...

[1]     Ethel McConchie died testate on February 24th, 2009.  In her will she named her husband, Lavern, as her executor but if he pre-deceased her, which he did, she named her three children, Larry McConchie, Kenneth McConchie, and the plaintiff, Jean Chestnut as her executors and trustees.  She also made the follow bequest:

[1]                                The Plaintiff, Gordon Ward, was and is the owner of properties identified by civic addresses 235 and 237 Ridge Road, in Red Bank, New Brunswick.  On or about May 1, 2019, the garage owned by the Plaintiff

Maximum sentence for the offence of manslaughter. Guilty plea. Criminal record. Second degree murder. Pleaded guilty

Reasonableness as a standard of review in the judicial review context. Context of labour arbitration board hearings. Collective agreement. Exercise of management rights

[1]     In this action Graysbrook Capital Ltd. sued the defendants for the balance owing on a loan it advanced to them to assist in the construction of a building in Saint John, New Brunswick.  Graysbrook has now obtained summary judgment on its action.

Breath sample. Exclusion of the evidence. Screening device. Probable grounds

Equal parenting time with the child. Family violence. Burden of proof in relocation cases. Divorce act

Division of the marital property in equal shares. Property taxes. Divorce order. Child support

Third party claim. Party proceed as a separate action. Party claim

Settlement privilege. Collective bargaining. Pension issues. Without prejudice communication

Civil contempt power. Mandatory order. Public indoor space. Commercial tent

New evidence. Application for judicial review. Employment records. Jurisdictional error. Decision maker

[1] On September 22, 2022, the Case Management Master gave an oral decision regarding the family.  There is no recording of the decision as the Master’s hearings are not recorded.  Nonetheless, an order was signed by the Master following the hearing.