Sparks v. Holland, 2019 NSCA 3

JurisdictionNova Scotia
JudgeDavid P.S. Farrar
Citation2019 NSCA 3
Docket NumberCA 478929
CourtCourt of Appeal of Nova Scotia (Canada)
Date18 January 2019
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12 practice notes
  • Wolfson v Wolfson,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • September 3, 2021
    ...construction which will give effect to that purpose”: para 21, Clarke v Clarke, supra. Further, in Sparks v Holland, 2019 NSCA 3, Farrar, JA reviewed basic principles of  statutory interpretation: [27] The Supreme Court of Canada and this Court have affirmed ......
  • Doctors Nova Scotia v. Nova Scotia (Attorney General), 2020 NSCA 22
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 11, 2020
    ...Analysis [34] The proper approach to statutory interpretation can be found in the recent decision of this Court in Sparks v. Holland, 2019 NSCA 3: [27] The Supreme Court of Canada and this Court have affirmed the modern principle of statutory interpretation in many cases that “[t]he words o......
  • Sears v. Top O’ the Mountain Apartments Limited,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • March 3, 2021
    ...of the Act, and the intention of Parliament” (Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, at para. 21). In Sparks v. Holland, 2019 NSCA 3, the Court of Appeal noted that applying the modern principle typically involves answering three [28] This Court typically asks three question......
  • Landry v. Chisholm,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • July 19, 2022
    ...benefits and Section B benefits [74]         The Nova Scotia Court of Appeal in Sparks v. Holland, 2019 NSCA 3, the Court was clear that CPP disability benefits are to be deducted from future income loss.  [75]      ......
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10 cases
  • Wolfson v Wolfson,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • September 3, 2021
    ...construction which will give effect to that purpose”: para 21, Clarke v Clarke, supra. Further, in Sparks v Holland, 2019 NSCA 3, Farrar, JA reviewed basic principles of  statutory interpretation: [27] The Supreme Court of Canada and this Court have affirmed ......
  • Doctors Nova Scotia v. Nova Scotia (Attorney General), 2020 NSCA 22
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 11, 2020
    ...Analysis [34] The proper approach to statutory interpretation can be found in the recent decision of this Court in Sparks v. Holland, 2019 NSCA 3: [27] The Supreme Court of Canada and this Court have affirmed the modern principle of statutory interpretation in many cases that “[t]he words o......
  • Sears v. Top O’ the Mountain Apartments Limited,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • March 3, 2021
    ...of the Act, and the intention of Parliament” (Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, at para. 21). In Sparks v. Holland, 2019 NSCA 3, the Court of Appeal noted that applying the modern principle typically involves answering three [28] This Court typically asks three question......
  • Landry v. Chisholm,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • July 19, 2022
    ...benefits and Section B benefits [74]         The Nova Scotia Court of Appeal in Sparks v. Holland, 2019 NSCA 3, the Court was clear that CPP disability benefits are to be deducted from future income loss.  [75]      ......
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2 firm's commentaries
  • Atlantic Canada Case Law Updates - June 2020
    • Canada
    • Mondaq Canada
    • July 27, 2020
    ...to an unreasonable level." The Estate also argued that Justice Murray had made his finding without the benefit of Sparks v Holland, 2019 NSCA 3. Sparks, supra, the Court found that all CPP disability benefits (past and future) must be deducted from the plaintiff's damages for income loss an......
  • CPP Disability Payments Deductible From Future Loss
    • Canada
    • Mondaq Canada
    • January 30, 2019
    ...Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3 ("Sparks"), holding that Canadian Pension Program ("CPP") disability payments are deductible from future loss of income and earning The respondent, Catherine Holland, was involved in a motor vehicle ac......

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