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Docket for January/February 2018

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 463909

3289444 Nova Scotia Limited, a body corporate (a.k.a. High Performance Energy Systems Stakeholders Group)
v
R.W. Armstrong & Associates Inc., a body corporate; and Masdar Abu Dhabi Future Energy Company, a subsidiary of Mubadala Development Company of the Government of Abu Dhabi of the United Arab Emirates

 

Panel Members:
Fichaud, J.A.
Bourgeois, J.A.
Derrick

 

Decision Under Appeal:

Supreme Court
(2017-05-18)

Appeal of chambers order declaring action of the appellant to be stayed, as Nova Scotia was not the appropriate jurisdiction to hear the matter.

 

Tuesday
January 16, 2018

10:00am
and
2:00pm

Full Day

 

Courtroom 502

 

Jasmine M. Ghosn for the Appellant

Scott Sterns for R.W. Armstrong & Associates Inc.

Jane O'Neill for Masdar Abu Dhabi Future Energy Company

 

CAC 463697

Paul Wayne Simpson
v.
Her Majesty the Queen

 

Panel Members:
Beveridge, J.A.
Van den Eynden, J.A.
Derrick, J.A.

 

Decision Under Appeal:

Provincial Court
(2017-05-23)

Appeal of sexual assault conviction.

 

PUBLICATION BAN
s. 486.4 CC - Ban covers the name of the victims and any information that could identify them.

 

Wednesday
January 17, 2018

10:00am
and
2:00pm

and

Thursday,
January 18, 2018

10:00am
and
2:00pm

2 Full Days

 

Courtroom 502

 

Luke A. Craggs for the Appellant

Jennifer MacLellan, Q.C. for the Respondent

Lawrence Rubin for LIANS (Laura A. McCarthy)

 

CAC 464758

Leroy David Denny
v.
Her Majesty the Queen

 

Panel Members:
Beveridge, J.A.
Farrar, J.A.
Scanlan, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-05-15)

2017 NSCC 127

2016 NSPC 25

Appellant motorist appeals his sentence for refusing the Breathalyzer, asserting that the court failed to apply the "Gladue" sentencing principles for aboriginal offenders.

 

Friday
January 19, 2018

10:00am

 

Courtroom 502

 

Stephen M. Robertson for the Appellant

Kenneth W.F. Fiske, Q.C. for the Respondent

 

CA 464705

Roumeli Investments Limited, a body corporate
v.
Elliot Gerald Gish and Amy Ryan

 

Panel Members:
Beveridge, J.A.
Saunders, J.A.
Bourgeois, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-08-21)

2017 NSSC 125

Roumelli Investments Limited appeals the summary judgment dismissal of its claim against Mr. Gish and Ms. Ryan.

 

Monday
January 22, 2018

10:00am

 

Courtroom 502

 

Jeremy P. Smith and J. Paul Niefer for the Appellant

Billy Sparks for Mr. Gish

Anthony Rosborough for Ms. Ryan

 

CAC 465709

Rhonda Kelly
v.
Her Majesty the Queen

 

Panel Members:
Beveridge, J.A.
Saunders, J.A.
Van den Eynden, J.A.

 

Decision Under Appeal:

Provincial Court
(2017-06-19)

The appellant seeks leave to appeal and if granted appeals against her sentence for "uttering forged documents".

 

Monday
January 22, 2018

2:00pm

 

Courtroom 502

 

Patrick E. Hurley, Q.C. for the Appellant

James A. Gumpert, Q.C. for the Respondent

 

CA 463960

G.(R.)
v.
Nova Scotia (Department of Community Services), Assistance Appeal Board (Nova Scotia)

 

Panel Members:
Farrar, J.A.
Bourgeois, J.A.
Van den Eynden, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-04-24)

2017 NSSC 41

Appeal of judicial review order quashing decision of Assistance Appeal Board.

 

CONFIDENTIALITY ORDER: Identity of the appellant will not be made public, electronically or otherwise, including print or broadcast and will be identified by initials G.(R.).

 

Tuesday
January 23, 2018

10:00am

 

Courtroom 502

 

Claire McNeil for the Appellant

Sheldon Choo for the Nova Scotia Department of Community Services

 

CA 460374 and
CA 464441

Baypoint Holdings Limited and John T. Early, III
v.
Royal Bank of Canada

 

Panel Members:
Fichaud, J.A.
Oland, J.A.
Farrar, J.A.

 

Decision Under Appeal:

CA 460374
Supreme Court
(2017-01-11)

CA 464441
Supreme Court
(2017-05-03)

Appeal of order striking the appellant's defence in a foreclosure proceeding.

 

Wednesday
January 24, 2018

10:00am
and
2:00pm

Full Day

 

Courtroom 502

 

John T. Early III, Appellant in Person

Joshua J. Santimaw for the Respondent

 

CA 462508

The Town of Annapolis Royal
v.
The Municipality of the County of Annapolis, on behalf of its Water Utility, Attorney General of Nova Scotia and the Nova Scotia Utility and Review Board

 

Panel Members:
Bryson, J.A.
Oland, J.A.
Hamilton, J.A.

 

Decision Under Appeal:

Nova Scotia Utility and Review Board
(2017-03-17)

2016 NSUARB 218

NSUARB-M07376

The Town of Annapolis Royal, on appeal, says the NSUARB erred by refusing to consider evidence tendered by the Town, by denying the Town the ability to file response evidence, by accepting late evidence and hearsay tendered by the Municipality, by not taking account of the Town's ownership of capital assets, and by applying a mistaken rate formula.

 

Monday
January 29, 2018

10:00am

 

Courtroom 502

 

Jonathan G. Cuming for the Appellant

W. Bruce Gillis, Q.C. for the Municipality of Annapolis Royal

 

CA 463483

King's Corner Bar and Grille Ltd., o/a Ma and Pa's Kitchen and the Back Alley Lounge
v.
The Attorney General of Nova Scotia and the Alcohol, Gaming, Fuel and Tobacco Division of Service Nova Scotia and Municipal Relations

 

Panel Members:
Bryson, J.A.
Hamilton, J.A.
Van den Eynden, J.A.

 

Decision Under Appeal:

Nova Scotia Utility and Review Board
(2017-03-31)

2017 NSUARB 48

NSUARB-M07743

Appeal from decision of NSUARB suspending appellants' licensing under the Liquor Control Act for 3 days.

 

Monday
January 29, 2018

10:00a,

 

Courtroom 502

 

 

Michael K. Power, Q.C. for the Appellant

Duane A. Eddy for the Respondents

 

CAC 646147

Markeit Symonds
v.
Her Majesty the Queen

 

Panel Members:
Bryson, J.A.
Hamilton, J.A.
Bourgeois, J.A.

 

Decision Under Appeal:

Provincial Court
(2017-03-22)

The appellant requests the Court strike his guilty plea because of trial counsel's alleged negligence.

 

PUBLICATION BAN

s. 110 (1) & 111 (1) YCJA- Ban covers the names of the co-accused and the victims & any information that could identify them

 

 

Tuesday
January 30, 2018

10:00am
and
2:00pm

and

Wednesday
January 31, 2018

10:00am
and
2:00pm

2 Full Days

 

Courtroom 502

 

Luke A. Craggs for the Appellant

Mark Scott, Q.C. for the Respondent

Lawrence Rubin for LIANS (Mark Bailey)

 

CA 463954

Roy Francis Cleary, Gertrude Thelma Cleary and Suzanne Cleary
v.
Neil Carl Laamanen and Crystalle Lunn Laamanen

 

Panel Members:
Farrar, J.A.
Oland, J.A.
Bryson, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-08-03)
(2017-06-07)

2017 NSSC 55

Appellants challenge a decision establishing the scope and use of rights of way and disposing of related claims.

 

Thursday
February 1, 2018

10:00am

 

Courtroom 502

 

Jonathan Hooper for the Appellants

Alex Embree for the Respondents

 

CA 462453

Roderick Jeffrie
v.
Anthony Hendriksen, Island Marine Services Limited, and Three Ports Fisheries Limited

 

Panel Members:
Fichaud, J.A.
Hamilton, J.A.
Bryson, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-05-26)

2017 NSSC 87

Appeal of order for damages arising from delayed sale of shares.

 

Tuesday
February 6, 2018

10:00am
and
2:00pm

Full Day

 

Courtroom 502

 

Christopher T. Conohan for the Appellant

Michael P. Scott for the Respondent

 

CAC 461097

Her Majesty the Queen
v.
Markel Jason Downey

 

Panel Members:
Farrar, J.A.
Saunders, J.A.
Bourgeois, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-02-14)

Crown appeal of acquittal on numerous charges including attempted murder.

 

 

 

Wednesday
February 14, 2018

10:00am
and
2:00pm

Full Day

 

Courtroom 502

 

Kenneth W.F. Fiske, Q.C. for the Appellant

Patrick K. MacEwan for the Respondent