Neale v. Reid, (1996) 152 N.S.R.(2d) 272 (CA)

JudgeHallett, Freeman and Pugsley, JJ.A.
CourtCourt of Appeal of Nova Scotia (Canada)
Case DateMay 30, 1996
JurisdictionNova Scotia
Citations(1996), 152 N.S.R.(2d) 272 (CA)

Neale v. Reid (1996), 152 N.S.R.(2d) 272 (CA);

    442 A.P.R. 272

MLB headnote and full text

Daniel Neale (appellant) v. Donna Reid (respondent)

(C.A. No. 125279)

Indexed As: Neale v. Reid

Nova Scotia Court of Appeal

Hallett, Freeman and Pugsley, JJ.A.

May 30, 1996.

Summary:

Neale signed a peace bond under s. 810 of the Criminal Code. He appealed on the basis that the complainant Reid made improper use of the document and that he signed it as a result of poor advice from his lawyer.

The Nova Scotia Supreme Court dismissed the appeal. Neale applied for leave to appeal.

The Nova Scotia Court of Appeal dis­missed the application.

Criminal Law - Topic 7603

Summary conviction proceedings - Appeal to a court of appeal - What constitutes a "question of law" - Neale signed a peace bond under s. 810 of the Criminal Code - He applied for leave to appeal on the basis that the com­plainant Reid made improper use of the document and that he signed it as a result of poor advice from his lawyer - The Nova Scotia Court of Appeal held that the grounds of appeal raised did not constitute a question of law pursuant to s. 839 of the Criminal Code - Leave to appeal was denied.

Cases Noticed:

MacAusland v. Pyke (1995), 139 N.S.R.(2d) 142; 397 A.P.R. 142 (S.C.), refd to. [para. 6].

Counsel:

Daniel Neale, appellant in person;

Donna Reid, respondent in person.

This appeal was heard on May 30, 1996, by Hallett, Freeman and Pugsley, JJ.A., of the Nova Scotia Court of Appeal.

The decision of the Court of Appeal was delivered orally on May 30, 1996 by Free­man, J.A., with written reasons released on May 31, 1996.

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1 practice notes
  • Doncaster v. Field, 2013 NSCA 150
    • Canada
    • Nova Scotia Court of Appeal of Nova Scotia (Canada)
    • November 27, 2013
    ...9]. Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342; 92 N.R. 110; 75 Sask.R. 82, refd to. [para. 12]. Neale v. Reid (1996), 152 N.S.R.(2d) 272; 442 A.P.R. 272, refd to. [para. R. v. Ouellette, [1980] 1 S.C.R. 568; 32 N.R. 361, refd to. [para. 16]. R. v. Masurak (1961), 132 C.C.C.......
1 cases
  • Doncaster v. Field, 2013 NSCA 150
    • Canada
    • Nova Scotia Court of Appeal of Nova Scotia (Canada)
    • November 27, 2013
    ...9]. Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342; 92 N.R. 110; 75 Sask.R. 82, refd to. [para. 12]. Neale v. Reid (1996), 152 N.S.R.(2d) 272; 442 A.P.R. 272, refd to. [para. R. v. Ouellette, [1980] 1 S.C.R. 568; 32 N.R. 361, refd to. [para. 16]. R. v. Masurak (1961), 132 C.C.C.......

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