P.B. v. Nova Scotia (Minister of Community Services) et al., 2014 NSCA 83

• Judge: Bourgeois, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: September 11, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSCA 83;(2014), 350 N.S.R.(2d) 395 (CA)

P.B. v. N.S. (2014), 350 N.S.R.(2d) 395 (CA);

    1105 A.P.R. 395

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. SE.023

P.G.B. (appellant) v. The Minister of Community Services and S.M.B. (respondents)

(CA 428759; 2014 NSCA 83)

Indexed As: P.B. v. Nova Scotia (Minister of Community Services) et al.

Nova Scotia Court of Appeal

Bourgeois, J.A.

September 12, 2014.

Summary:

The applicant applied under the Charter to have state-funded counsel appointed to represent him respecting his application to terminate permanent care and custody orders respecting his children.

The Nova Scotia Supreme Court, Family Division, in a decision reported (2014), 344 N.S.R.(2d) 28; 1089 A.P.R. 28, dismissed the application. The applicant filed an appeal and brought a motion seeking to have the requirement of filing a transcript in support of his appeal waived.

The Nova Scotia Court of Appeal, per Bourgeois, J.A., dismissed the motion.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise. In particular, this case is subject to the restrictions on publication in s. 94 of the Children and Family Services Act, S.N.S. 1990, c. 5.

Practice - Topic 5295.2

Trials - General - Transcripts - Requirement of - [See Practice - Topic 9055 ].

Practice - Topic 9002.11

Appeals - Notice of appeal - Dispensing with transcript - [See Practice - Topic 9055 ].

Practice - Topic 9055

Appeals - Record on appeal - Record of trial evidence or original proceedings - The applicant's Charter request to have state-funded counsel appointed in a guardianship matter was dismissed - The applicant moved to have the requirement of filing a transcript in support of his appeal waived because of his impecuniosity, or to have the Attorney General pay the cost of the transcript - The Nova Scotia Court of Appeal, per Bourgeois, J.A., dismissed the motion - There was insufficient information supporting the applicant's claim that obtaining a transcript was beyond his financial reach - Further, the appeal could not be properly considered without a full transcript - The transcript was necessary - The court was unaware of any authority in which the state had been compelled to fund the cost of a transcript and was not prepared to make such an order in this instance.

Cases Noticed:

Li v. Jean et al., [2012] N.S.R.(2d) Uned. 137; 2012 NSCA 63, refd to. [para. 6].

Ocean v. Economical Mutual Insurance Co. et al. (2011), 309 N.S.R.(2d) 298; 979 A.P.R. 298; 2011 NSCA 106, refd to. [para. 7].

New Brunswick (Minister of Health and Community Services) v. J.G. and D.V., [1999] 3 S.C.R. 46; 244 N.R. 276; 216 N.B.R.(2d) 25; 552 A.P.R. 25, refd to. [para. 9].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 90.29(5), rule 90.30(4), 90.30(5) [para. 6].

Rules of Civil Procedure (N.S.) - see Civil Procedure Rules (N.S.).

Rules of Court (N.S.) - see Civil Procedure Rules (N.S.).

Counsel:

P.G.B., self-represented;

Peter McVey, for the Attorney General of Nova Scotia;

Pamela McKeigan, for the respondent, Minister of Community Services not appearing.

This motion was heard in Chambers on September 11, 2014, in Halifax, N.S., before Bourgeois, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision on September 12, 2014.