Tupper v. Nova Scotia Barristers' Society et al., 2014 NSCA 90

• Judge: Fichaud, Scanlan and Bourgeois, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: September 15, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSCA 90;(2014), 351 N.S.R.(2d) 220 (CA)

Tupper v. Barristers Soc. (2014), 351 N.S.R.(2d) 220 (CA);

    1111 A.P.R. 220

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. OC.002

Thomas Percy Tupper (appellant) v. Nova Scotia Barristers' Society and The Attorney General of Nova Scotia (respondents)

(CA 421412; 2014 NSCA 90)

Indexed As: Tupper v. Nova Scotia Barristers' Society et al.

Nova Scotia Court of Appeal

Fichaud, Scanlan and Bourgeois, JJ.A.

October 2, 2014.

Summary:

Tupper filed a complaint with the Nova Scotia Barristers' Society (NSBS) against seven of its current and former members. The Director of Professional Responsibility for NSBS informed Tupper that his complaint was being dismissed. Tupper requested a review of the dismissal by a Review Subcommittee. On February 21, 2012, the Review Subcommittee upheld the dismissal of Tupper's complaint. Tupper appealed the Review Subcommittee's decision to the Court of Appeal.

The Nova Scotia Court of Appeal, in a decision reported at [2013] N.S.R.(2d) Uned. 18, dismissed the appeal for lack of jurisdiction. Tupper applied for leave to appeal that decision.

The Supreme Court of Canada, in a decision reported at (2013), 463 N.R. 395, denied leave to appeal. On July 16, 2013, Tupper filed a motion requesting an extension of time to file an application for judicial review of the decision of the Review Subcommittee.

The Nova Scotia Supreme Court, in a decision reported at (2013), 336 N.S.R.(2d) 211; 1063 A.P.R. 211, dismissed the motion. Tupper appealed.

The Nova Scotia Court of Appeal dismissed the appeal.

Administrative Law - Topic 3342.1

Judicial review - General - Practice - Limitation period - Extension of - [See Barristers and Solicitors - Topic 5581 ].

Barristers and Solicitors - Topic 5581

Discipline - Appeals and judicial review - General - Tupper filed a complaint with the Nova Scotia Barristers' Society (NSBS) against seven of its current and former members - The Director of Professional Responsibility for NSBS informed Tupper that his complaint was dismissed - On February 21, 2012, a Review Subcommittee upheld the dismissal of the complaint - Tupper appealed the Review Subcommittee's decision to the Court of Appeal - He acknowledged that he had no right of appeal, but he argued that the absence of such an appeal was unconstitutional - The Court of Appeal disagreed and dismissed the appeal for lack of jurisdiction - Tupper's application for leave to appeal to the Supreme Court of Canada was denied - On July 16, 2013, Tupper moved for an extension of time to file an application for judicial review of the decision of the Review Subcommittee - The motion was denied - Tupper appealed that decision and moved to add fresh evidence - The Nova Scotia Court of Appeal dismissed the appeal - Tupper's fresh evidence did not satisfy the criteria for the admission of fresh evidence, and was not in admissible form - Tupper had no reasonable excuse for his delay in applying for judicial review - He had been informed that there was no appeal to the Court of Appeal, and that the appropriate course was an application for judicial review - He chose to ignore that advice - The motion judge also determined that Tupper's proposed grounds for judicial review had no merit and he concluded that the dismissal of Tupper's motion would best serve the interests of justice - The motions judge made no error of law.

Practice - Topic 9031

Appeals - Evidence on appeal - Admission of "new evidence" or "fresh evidence" - [See Barristers and Solicitors - Topic 5581 ].

Cases Noticed:

Hake v. Tupper (1985), 68 N.S.R.(2d) 415; 159 A.P.R. 415 (T.D.), refd to. [para. 3].

Tupper v. Nova Scotia (Attorney General) et al. (2007), 259 N.S.R.(2d) 220; 828 A.P.R. 220; 2007 NSSC 232, affd. (2008), 265 N.S.R.(2d) 135; 848 A.P.R. 135; 2008 NSCA 44, leave to appeal denied, [2008] 3 S.C.R. x; 392 N.R. 395 (S.C.C.), refd to. [para. 7].

Tupper v. Nova Scotia (Attorney General) et al. (2014), 346 N.S.R.(2d) 134; 1095 A.P.R. 134; 2014 NSCA 60, refd to. [para. 7].

Tupper v. Wheeler et al., [2005] N.S.R.(2d) Uned. 47; 2005 NSCA 74, refd to. [para. 7].

Tupper v. Nova Scotia Barristers' Society et al., [2014] N.S.R.(2d) Uned. 119; 2014 NSSC 213, refd to. [para. 7].

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181; 17 C.R.(3d) 34, refd to. [para. 16].

T.G. v. Nova Scotia (Minister of Community Services) et al. (2012), 316 N.S.R.(2d) 202; 1002 A.P.R. 202; 2012 NSCA 43, refd to. [para. 16].

Fawson et al. v. St. Clair (2013), 336 N.S.R.(2d) 54; 1063 A.P.R. 54; 2013 NSCA 123, refd to. [para. 20].

Bellefontaine v. Schneiderman, [2006] N.S.R.(2d) Uned. 79; 2006 NSCA 96, refd to. [para. 21].

Farrell v. Casavant (2010), 294 N.S.R.(2d) 292; 933 A.P.R. 292; 2010 NSCA 71, refd to. [para. 22].

Fawson Estate, Re (2013), 329 N.S.R.(2d) 329; 1042 A.P.R. 329; 2013 NSCA 54, refd to. [para. 22].

Counsel:

Thomas P. Tupper, on his own behalf;

Raymond F. Larkin, Q.C., and Alex Gorlewski (Articled Clerk), for the respondent, Nova Scotia Barristers' Society;

Duane A. Eddy, for the respondent, The Attorney General of Nova Scotia.

This appeal was heard on September 15, 2014, at Halifax, N.S., before Fichaud, Scanlan and Bourgeois, JJ.A., of the Nova Scotia Court of Appeal. The following judgment of the Court of Appeal was delivered by Fichaud, J.A., on October 2, 2014.