Mercier v. Nova Scotia (Attorney General), (2015) 361 N.S.R.(2d) 193 (CA)

Judge:Farrar, J.A.
Court:Nova Scotia Court of Appeal
Case Date:June 17, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 361 N.S.R.(2d) 193 (CA);2015 NSCA 62
 
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Mercier v. N.S. (A.G.) (2015), 361 N.S.R.(2d) 193 (CA);

    1137 A.P.R. 193

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. JN.029

Roger Edouard Mercier (applicant/appellant) v. Attorney General of Nova Scotia and Police Complaints Commissioner (respondents)

(CA 428778; 2015 NSCA 62)

Indexed As: Mercier v. Nova Scotia (Attorney General)

Nova Scotia Court of Appeal

Farrar, J.A.

June 17, 2015.

Summary:

Mercier applied for judicial review of the decision of the Police Complaints Commissioner not to refer a complaint he filed to the Police Review Board.

The Nova Scotia Supreme Court, in a decision reported at 345 N.S.R.(2d) 39; 1092 A.P.R. 39, dismissed the application. The Attorney General sought costs.

The Nova Scotia Supreme Court, in a decision reported at 349 N.S.R.(2d) 320; 1101 A.P.R. 320, awarded costs of $500 to the Attorney General. Mercier appealed. He moved for an order that the Attorney General pay for the cost of obtaining a transcript of the matter under appeal.

The Nova Scotia Court of Appeal, per Bourgeois, J.A., in a decision reported at (2014), 351 N.S.R.(2d) 336; 1111 A.P.R. 336, dismissed the motion. The Attorney General moved for an order for security for costs.

The Nova Scotia Court of Appeal, per Bourgeois, J.A., in a decision reported at 351 N.S.R.(2d) 341; 1111 A.P.R. 341, allowed the motion and ordered Mercier to post security for costs of $500. The Attorney General moved to dismiss Mercier's notice of appeal as a result of his failure to post security for costs. Mercier moved for an adjournment of the Attorney General's motion for health reasons.

The Nova Scotia Court of Appeal, per Farrar, J.A., allowed the motion.

Editor's Note: for decisions dealing with a separate civil action brought by Mercier, see [2012] N.S.R.(2d) Uned. 120 (S.C.); [2012] N.S.R.(2d) Uned. 44 (C.A.); [2012] N.S.R.(2d) Uned. 118 (C.A.); [2012] N.S.R.(2d) Uned. 230 (C.A.) and 452 N.R. 395 (S.C.C.).

Practice - Topic 3129

Applications and motions - Motions - Adjournments - Mercier applied for judicial review of the decision of the Police Complaints Commissioner not to refer a complaint he filed to the Police Review Board - The chambers judge dismissed the application - In addition to filing a complaint, Mercier had filed a separate civil action which was unsuccessful - Mercier appealed - The Attorney General moved for an order for security for costs, pointing to outstanding costs awards in both proceedings and submitted that there was ample "special circumstances" to justify an order for security - Bourgeois, J.A., allowed the motion and ordered Mercier to post security for costs of $500 - The Attorney General moved to dismiss Mercier's notice of appeal as a result of his failure to post security for costs - Mercier moved for an adjournment of the Attorney General's motion for health reasons - The Nova Scotia Court of Appeal, per Farrar, J.A., allowed the motion - Mercier had epilepsy and had underwent three brain surgeries in five months - He was unable to attend court - Further, there was no urgency to the hearing of the Attorney General's motion - There would be no prejudice to the Attorney General if its motion was adjourned for a period of time.

Counsel:

None disclosed.

This motion was heard in writing without the appearance of parties by Farrar, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision on June 17, 2015.

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