McInnes Cooper v. Moncel Estate, [2012] N.S.R.(2d) Uned. 127 (ProbCt)

JudgeMoir, J.
CourtProbate Court of Nova Scotia (Canada)
Case DateMay 15, 2012
JurisdictionNova Scotia
Citations[2012] N.S.R.(2d) Uned. 127 (ProbCt);[2012] N.S.R.(2d) Uned. 127;2012 NSSC 195
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3 practice notes
  • Rumsey v. Rumsey (Estate),
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • September 9, 2020
    ...process is still more like a first instance determination than a search for error.           (See also McInnes Cooper v. Moncel Estate, 2012 NSSC 195) [12]      As in the cited authorities, the present appeal is likewise nuanced.  The evidence on the appeal was the evidence before the Regis......
  • Walcott v. Walcott, 2017 NSSC 327
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • September 26, 2017
    ...novo. This was the conclusion of Gruchy J in Re Faye Estate, 2002 NSSC 242, subsequently restated by Moir J in Cooper v. Moncel Estate, 2012 NSSC 195.[6] This is further apparent from s. 93(2), which provides, inter alia:(2) On an appeal taken pursuant to subsection (1),(a) the judge may he......
  • Hopgood v. Hopgood (Estate), 2018 NSSC 100
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • April 26, 2018
    ...or decision appealed from or make any decision or order the registrar could have made; [54] As Moir J. noted in Cooper v. Moncel Estate, 2012 NSSC 195, on a de novo appeal, “the issue under appeal is decided afresh. The hearing of the appeal is more like first instance determination than ap......
3 cases
  • Rumsey v. Rumsey (Estate),
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • September 9, 2020
    ...process is still more like a first instance determination than a search for error.           (See also McInnes Cooper v. Moncel Estate, 2012 NSSC 195) [12]      As in the cited authorities, the present appeal is likewise nuanced.  The evidence on the appeal was the evidence before the Regis......
  • Walcott v. Walcott, 2017 NSSC 327
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • September 26, 2017
    ...novo. This was the conclusion of Gruchy J in Re Faye Estate, 2002 NSSC 242, subsequently restated by Moir J in Cooper v. Moncel Estate, 2012 NSSC 195.[6] This is further apparent from s. 93(2), which provides, inter alia:(2) On an appeal taken pursuant to subsection (1),(a) the judge may he......
  • Hopgood v. Hopgood (Estate), 2018 NSSC 100
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • April 26, 2018
    ...or decision appealed from or make any decision or order the registrar could have made; [54] As Moir J. noted in Cooper v. Moncel Estate, 2012 NSSC 195, on a de novo appeal, “the issue under appeal is decided afresh. The hearing of the appeal is more like first instance determination than ap......

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