Docket for January/February 2019

NOTE: Cases will be added below as soon as they are set down for hearing. Additional details will be added as they become available.

CASE DECISION BEING
APPEALED
DATE, TIME
AND COURTROOM
COUNSEL

CA 472370

June MacIsaac as Executor
of the Estate of Ronald MacIsaac
v.
Richard Urquhart and
Kerry Urquhart
and Daniel MacIsaac and
DJMI Legal Services
Limited

 

Panel Members:

Bourgeois, J.A.
Hamilton, J.A.
Scanlan, J.A.

 

Decision Under Appeal:

2017 NSSC 313

Supreme Court
(2017-12-12)

A real property vendor and a lawyer challenge a trial judge's damages award to the purchaser.

 

Tuesday
January 15, 2019

10:00 a.m.
and
2:00 p.m.

Full Day

 

Courtroom 502

 

Dennis James, Q.C.
for the Appellant

Bruce T. MacIntosh, Q.C.
for the Respondent
Urquharts

Augustus M. Richardson, Q.C.
for D. MacIsaac and DJMI Legal
Services

 

CA 474467

Olice Chase
v.
Nova Scotia Workers'
Compensation Appeals Tribunal,
Workers' Compensation Board
of Nova Scotia, Attorney
General for the Province of Nova
Scotia and White Point Holdings
Limited

 

Panel Members:

MacDonald, C.J.N.S.
Farrar, J.A.
Derrick, J.A.

 

Decision Under Appeal:

Workers' Compensation
Appeals Tribunal
(2017-24-AD)

WCAT - 2018-02-12

Application for leave to appeal.

 

 

 

Wednesday
January 16, 2019

10:00 a.m.

 

Courtroom 502

 

Danielle St. George
for the Appellant

Alexander C. W. MacIntosh
for WCAT

Paula M. Arab, Q.C. for WCB

Lisa Wight for White Point Holdings

 

CA 479631

Michele Hovey Raymond
v.
Halifax Regional Municipality
and Office of Information and
Privacy Commissioner

 

Panel Members:

Farrar, J.A.
Scanlan, J.A.
Van den Eynden, J.A.

 

Decision Under Appeal:

Supreme Court
(2018-08-14)

Ms. Raymond appeals from a decision by the Supreme Court of Nova Scotia confirming the Privacy Commissioner's denial of information.

 

Wednesday
January 16, 2019

2:00 p.m.

 

Courtroom 502

 

Michele Hovey Raymond,
Appellant in Person

Karen E. MacDonald for HRM

Jason T. Cooke for the
Office of Information and Privacy
Commissioner

 

CA 475994

Paul Cheema
v.
Nova Scotia Workers'
Compensation Appeals Tribunal,
Workers' Compensation Board
of Nova Scotia, Flynn Canada
Limited and Attorney General
for the Province of Nova Scotia

 

Panel Members:

Beveridge, J.A.
Ven den Eynden, J.A.
Derrick, J.A.

 

Decision Under Appeal:

Workers' Compensation Appeals
Tribunal (2017-209-AD)

WCAT - 2018-03-28

Mr. Cheema applies for leave to appeal the Workers' Compensation Appeals Tribunal decision that, at the time of his compensable injury, he was not a "learner" as defined by the Workers' Compensation Act.

 

Thursday
January 17, 2019

10:00 a.m.

 

Courtroom 502

 

Kenneth LeBlanc for the
Appellant

Alexander C. W. MacIntosh
for WCAT

Paula M. Arab, Q.C. for WCB

 

CA 475791

Thomas Joseph Kayter
v.
Personal Insurance Company /
La Personelle, Compagnie
D'assurance

 

Panel Members:

Farrar, J.A.
Hamilton, J.A.
Derrick, J.A.

 

Decision Under Appeal:

2018 NSSC 79

Supreme Court
(2018-04-09)

The appellant is appealing a decision by the Nova Scotia Supreme Court dismissing his motion for a declaration of insurance coverage.

 

Thursday
January 17, 2019

2:00 p.m.

 

Courtroom 502

 

Thomas J. Kayter,
Appellant in Person

Scott S. Campbell
for the Respondent

 

CA 478572

Shawn R. Gallant
v.
Workers' Compensation Board
of Nova Scotia, Workers'
Compensation Appeals Tribunal,
Attorney General of Nova Scotia
and Garda World Security

 

Rescheduled to March/April Term

 

Decision Under Appeal:

Workers' Compensation Appeals
Tribunal (2018-06-20)

WCAT - 2017-678-AD

The appellant seeks leave to appeal a decision of WCAT denying him benefits.

 

 

 

Monday
January 21, 2019

10:00 a.m.

 

Courtroom 502

 

Shawn A. Gallant
Appellant in Person

Paula M. Arab, Q.C. for WCB

Alexander C. W. MacIntosh
for WCAT

 

CAC 476730

Her Majesty the Queen
v.
Donald Joseph MacDonald

 

Panel Members:

Beveridge, J.A.
Bryson, J.A.
Ven den Eynden, J.A.

 

Decision Under Appeal:

Provincial Court
(2018-04-30)

The Crown appeals the sentence imposed on the respondent for break and enter and committing mischief, arguing that it is demonstarbly unfit.

 

Thursday
January 24, 2019

10:00am

 

Courtroom 502

 

Glenn Hubbard for the
Appellant

Douglas J. Lloy, Q.C.
for the Respondent

 

CAC 463053

S. W. H.
v.
Her Majesty the Queen

 

Panel Members:

Beveridge, J.A.
Fichaud, J.A.
Bryson, J.A.


 

Decision Under Appeal:

Provincial Court
(not sentenced)

Appeal from s. 151 CC sexual interference conviction.

PUBLICATION BAN

 

Wednesday
January 30, 2019

10:00 a.m.
and
2:00 p.m.

and

Thursday
January 31, 2019

10:00 a.m.
and
2:00 p.m.

2 Full Days

 

Courtroom 502

 

Roger A. Burrill for the
Appellant

Glenn Hubbard for the
Respondent

Lawrence Rubin for LIANS
(Brad Sarson)

William L. Mahody, Q.C.
for LIANS (Tara Smith)

 

CAC 477337

Her Majesty the Queen
v.
Matthew James Chase

 

Panel Members:

Beveridge, J.A.
Saunders, J.A.
Bryson, J.A.


 

Decision Under Appeal:

Provincial Court
(2018-05-07)

The Crown appeals the sentence imposed on the respondent for possessing cocaine for the purpose of trafficking.

 

Wednesday
February 6, 2019

10:00 a.m.

 

Courtroom 502

 

 

Jeffrey S. Moors for the
Appellant

Roger A. Burrill for the
Respondent

 

CA 476043

"Student X"
v.
Governors of Acadia
University

 

Notice of Discontinuance Filed

 

Decision Under Appeal:

2018 NSSC 70

Supreme Court
(2018-10-24)

Student "X" appeals the March 28, 2018, decision of the Supreme Court, which dismissed his request for an injunction (preventing a sexual harassment investigation).

PUBLICATION BAN - Civil Procedure Rule 85.04

 

Monday
February 11, 2019

10:00 a.m.

 

Courtroom 502

 

Zeb Brown for the
Appellant

Jack Graham, Q.C.
for the Respondent

 

CA 479331

The Attorney General of Nova
Scotia representing Her
Majesty the Queen in Right of
the Province of Nova Scotia,
Stephen McNeil and Diana Whalen
v.
Alex M. Cameron

 

Panel Members:

Farrar, J.A.
Saunders, J.A.
Oland, J.A.

 

Decision Under Appeal:

2018 NSSC 185

Supreme Court
(2018-08-07)

The appellants appeal the determination of the Supreme Court that solicitor-client privilege had been waived with respect to the communications between the Attorney General and Alex M. Cameron, the respondent.

PUBLICATION BAN and
CONFIDENTIALITY ORDER

 

Tuesday
February 12, 2019

10:00 a.m.
and
2:00 p.m.

Full Day

Appeal hearing held
in camera

 

Courtroom 502

 

Williams C. McDowell
for the Appellants

S. Bruce Outhouse, Q.C.
and Justin E. Adam for the
Respondent

 

CAC 477611

M. E. P.
v.
Her Majesty the Queen

To be rescheduled

 

Decision Under Appeal:

Provincial Court
(2018-06-08)

The appellant appeals his conviction for uttering threats against a correctional officer while he was incarcerated at the Central Nova Scotia Correctional Facility.

PUBLICATION BAN

 

Wednesday
February 13, 2019

10:00 a.m.

 

Courtroom 502

 

M. E. P., Appellant in Person

Glenn Hubbard for the
Respondent

 

CA 462245

Gayle Crooks, Archie Gillis
and Karen McGrath
v.
CIBC World Markets Inc. / Marches Mondiaux CIBC Inc.
carrying on business as CIBC
Wood Gundy

 

Panel Members:

Farrar, J.A.
Ven den Eynden, J.A.
Derrick, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-03-24)

The appellants are appealing a decision by the Nova Scotia Supreme Court to decertify the class action.

PUBLICATION BAN / CONFIDENTIALITY ORDER

 

 

 

Thursday
February 14, 2019

10:00 a.m.
and
2:00 p.m.

Full Day

 

Courtroom 502

 

Peter M. Rogers, Q.C.
for the Appellants

John A. Keith, Q.C. and
Jack Townsend for the
Respondent