Hopkins v. Watters, (2016) 447 N.B.R.(2d) 39 (CA)

• Judge: Green, J.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 20, 2015
• Jurisdiction: New Brunswick
• Citations: (2016), 447 N.B.R.(2d) 39 (CA)

Hopkins v. Watters (2016), 447 N.B.R.(2d) 39 (CA);

    447 R.N.-B.(2e) 39; 1171 A.P.R. 39

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Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2016] N.B.R.(2d) TBEd. FE.026

Renvoi temp.: [2016] N.B.R.(2d) TBEd. FE.026

Kenneth Hopkins (appellant) v. Janet Watters (respondent)

(117-14-CA)

Indexed As: Hopkins v. Watters

Répertorié: Hopkins v. Watters

New Brunswick Court of Appeal

Green, J.A.

February 15, 2016.

Summary:

Résumé:

Hopkins was ordered to perfect his appeal of a family court decision by a specified date. He failed to do so. The Registrar dismissed the appeal for delay. Hopkins moved to set aside the Registrar's decision.

The New Brunswick Court of Appeal, per Green, J.A., dismissed the motion.

Practice - Topic 8864

Appeals - Quashing or dismissal of appeals - Delay - [See Practice - Topic 9340 ].

Practice - Topic 9340

Appeals - Perfecting appeals - Failure to perfect appeal (incl. powers of court) - Hopkins appealed a family court decision dated September 29, 2014 - In May 2015, he was ordered to perfect the appeal by August 28, 2015, failing which the Registrar would be required to dismiss the appeal for delay - Hopkins attended at the Office of the Registrar on August 28, but due to a number of problems with his documents, the appeal was not perfected - The Registrar dismissed the appeal for delay - Hopkins moved to set aside the Registrar's decision - The New Brunswick Court of Appeal, per Green, J.A., dismissed the motion - This was not a situation where a self-represented litigant had struggled to follow the Rules of Court and had produced documents with some minor defects - A cursory review of the material provided by Hopkins on August 28 revealed a number of serious deficiencies - For instance, the pleadings were not included and there was no confirmation that his Appeal Book and Submission had been served on the respondent - Hopkins also resisted the efforts of Registry staff to assist him.

Cases Noticed:

Bossé v. Friel (2006), 301 N.B.R.(2d) 81; 783 A.P.R. 81 (C.A.), refd to. [para. 12].

Counsel:

Avocats:

Kenneth Hopkins on his own behalf;

Kendra Hobart, for the respondent.

This motion was heard on November 20, 2015, before Green, J.A., of the New Brunswick Court of Appeal, who delivered the following decision, in both official languages, on February 15, 2016.