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Docket for May/June 2017

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 454861

Arthur Reginald Brown
v.
Mar Taino S.A., a body corporate, Cadena Mar S.L., body corporate, Vision 2000 Travel Management Inc., a body corporate

 

Panel Members

MacDonald, C.J.N.S.,
Saunders, J.A,.
Bourgeois, J.A.

 

Decision Under Appeal:

Supreme Court
(2016-07-20)

2015 NSSC 348

The appellant challenges a decision that dismissed his claim for injuries he says were suffered in Dominican Republic.

 

Tuesday
May 9, 2017

10:00 am

 

Courtroom 502

 

Brian J. Hebert for the Appellant

Arie Odinocki for Mar Taino and Cadena Mar

 

CA 456387

Abridean International Inc. and/or Sagecrowd Inc. and/or Ogden Pond Technology Group
v.
Peter Bidgood and Director of Labour Standards and Nova Scotia Labour Board (Susan Ashley, Q.C. Vice Chair, Marinus Van De Sande and Larry Wark) and Attorney General of Nova Scotia

 

Panel Members

Farrar, J.A.,
Saunders, J.A.,
Bourgeois, J.A.

 

Decision Under Appeal:

Labour Board of Nova Scotia
LB-1068

2016 NSLB 228

The employer appeals the decision of the Labour Board which awarded the respondent, Peter Bidgood 12 months' damages in lieu of notice for wrongful dismissal.

 

Tuesday
May 9, 2017

2:00 pm

 

Courtroom 502

 

Bradley D.J. Proctor for the Appellant

David A. Cameron for Mr. Bidgood

Andrew D. Taillon for Director of Labour Standards

Edward A. Gores, Q.C. for the Attorney General of Nova Scotia

 

CA 449273

Wayne Skinner
v.
Workers' Compensation Appeals Tribunal, Workers' Compensation Board and the Attorney General of Nova Scotia

 

CA 449275

Wayne Skinner
v.
Workers' Compensation Appeals Tribunal, Workers' Compensation Board and the Attorney General of Nova Scotia

 

Panel Members

Beveridge, J.A.,
Saunders, J.A.,
Farrar, J.A.

 

Decision Under Appeal:

Workers' Compensation Appeal Tribunal

CA 449273

2015-360-AD
(2016-01-29)

 

CA 449275

2012-650-AD
(2016-01-29)

Applications for leave to appeal 2 WCAT decisions.

 

Wednesday
May 10, 2017

10:00 am
and
2:00 pm

Full Day

 

Courtroom 502

 

Adjourned for Continuation
Monday, June 12
2:00pm

 

Wayne Skinner, Appellant in Person

Alexander W.C. MacIntosh for WCAT

Paula M. Arab, Q.C. for WCB

 

CA 458993

The Canadian Union of Public Employees Local 3912
v.
Shannon Nickerson and Nova Scotia Labour Board

 

Panel Members

Fichaud, J.A.,
Hamilton, J.A.,
Van den Eynden, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-05-09)

2016 NSSC 348

The appellant appeals the finding that it failed to properly represent Ms. Nickerson on two grievances which she filed against her employer. Shannon Nickerson cross appeals arguing that the application judge erred in failing to find that CUPE has a duty to accommodate her a result of a disability.

 

Friday
May 12, 2017

2:00 pm

 

Courtroom 502

 

Susan D. Coen for the Appellant

Barry J. Mason, Q.C. for Ms. Nickerson

Edward A. Gores, Q.C. for the Nova Scotia Labour Board

 

CA 458901

South Shore Regional School Board
v.
Town of Bridgewater

 

Panel Members

MacDonald, C.J.N.S.,
Farrar, J.A.,
Van den Eynden, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-01-31)

The South Shore Regional School Board appeals the decision of motions judge granting the Town of Bridgewater standing to challenge the School Board's decision to close a school in Bridgewater.

 

Monday
May 15, 2017

10:00 am

 

Courtroom 502

 

John S. MacPherson, Q.C. for the Appellant

J.C. Reddy for the Respondent

 

CA 461026

Kenneth (a.k.a. Keith) Brian Tobin
v.
Durrell Beck, and The International Brotherhood of Electrical Workers - (IBEW) - Local 1852, and The International Brotherhood of Electrical Workers - (IBEW)- first District (Canada)

 

Panel Members

Beveridge, J.A.,
Farrar, J.A.,
Bryson, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-02-16)

Mr. Tobin seeks leave to appeal, and if granted, appeals Justice Frank Edwards interlocutory injunction, restraining sale of properties owned by him, pending resolution of Mr. Beck's claim for damages arising from injuries sustained in a motor vehicle collision.

 

Wednesday
May 17, 2017

10:00 am

 

Courtroom 502

 

Liam G.P. Gillis. for the Appellant

Duncan H. MacEachern for the Respondent

 

CA 458919

J.L.T.
v.
The Minister of Community Services and K.D.

 

Panel Members

Fichaud, J.A.,
Bryson, J.A.,
Bourgeois, J.A.

 

Decision Under Appeal:

Supreme Court
(2016-11-22)

2016 NSSC 276

The appellant appeals an order placing his son into the care of the Minister of Community Services.

 

Publication Ban:

s.94(1) -Children and Family Services Act - Ban covers name and identity of children and any information that could identify them.

 

Friday
May 19, 2017

10:00 am

 

Courtroom 502

 

Jill S. Perry for the Appellant

Adam B. Neal for the Respondent Minister

 

CA 455920 and
CA 458781

Laura MacNutt/PIER101 Home Designs Inc.
v.
Acadian University, T.A. Scott Architecture + Design Limited (3278638), Troy A. Scott

 

Panel Members

MacDonald, C.J.N.S.,
Fichaud, J.A.,
Van den Eynden, J.A.

 

Decision Under Appeal:

CA 455920
Supreme Court
(2016-10-11)

CA 458781
Supreme Court
(2016-08-26)

The appellant challenges the trial judge's ruling that there was no copyright infringement.

 

Thursday
May 23, 2017

10:00 am
and
2:00 pm

 

Courtroom 502

 

Laura MacNutt, Appellant in Person

Jonathan Cuming for Acadia University

Nadia MacPhee and Elaina Campbell for Respondents T.A. Scott

 

 

CA 447078

Five Star Roofing and Masonry
v.
Workers' Compensation Board of Nova Scotia, Nova Scotia Workers' Compensation Appeals Tribunal, The Attorney General of Nova Scotia, Curtis Marr and McCarthy's Roofing

 

Panel Members

Beveridge, J.A.,
Farrar, J.A.,
Bryson, J.A.

 

Decision Under Appeal:

Workers' Compensation Board of Nova Scotia
(2015-158-AD)

WCAT
(2015-11-25)

The appellant appeals the finding of WCAT that it is responsible for the claim of an employee when that employee had originally been injured while employed with another employer.

 

Wednesday
May 24, 2017

10:00 am

 

Courtroom 502

 

Kelly E. McMillan for the Appellant

Paula M. Arab, Q.C. for WCB

Alexander W.C. MacIntosh for WCAT

Stephen Lawlor for Mr. Marr

Bradley D.J. Proctor for McCarthy's Roofing

 

CA 460158

The Nova Scotia Association of Health Organizations Long Term Disability Plan Trust Fund by its Trustees Lynette Johnson, Carl Crouse, Mike MacArthur, Ken MacDermid, Blaise MacNeil, Jim Mott, Gerri Oakley, Bruce Quidley, Bruce Thomson and Claire Westhaver
v.
Simone Amirault

 

Panel Members

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

 

Decision Under Appeal:

Supreme Court
(2017-01-24)

The Nova Scotia Association of Health Organizations appeals the decision of Supreme Court dismissing its motion for summary judgment on evidence.

 

Wednesday
May 24, 2017

2:00 pm

 

Courtroom 502

 

David G. Hutt for the Appellants

Lynnette Muise for the Respondent

 

CA 461980

Duncan Charles Todd Mullin
v.
Her Majesty the Queen

 

Panel Members

Fichaud, J.A.,
Farrar, J.A.,
Bryson, J.A.

 

Decision Under Appeal:

Provincial Court
(2017-02-21)

Mr. Mullin appeals his conviction for possession of cocaine for the purpose of trafficking.

 

Thursday
May 25, 2017

10:00 am

 

Courtroom 502

 

Duncan Charles Todd Mullin, Appellant In Person

David Schermbrucker for the Respondent

 

CA 458841

C.F. and B.S.
v.
The Minister of Community Services

 

Panel Members

Farrar, J.A.,
Bryson, J.A.
Bourgeois, J.A.

 

Decision Under Appeal:

Family Court

The appellants appeal the decision of Family Court, placing their children in the permanent care of the Minister.

 

Publication Ban:
s.94(1) -Children and Family Services Act - Ban covers name and identity of children and any information that could identify them.

 

Tuesday
May 30, 2017

10:00 am

 

Courtroom 502

 

C.F. and B.S. Appellants in Person

Peter C. McVey, Q.C. for the Minister

Stacey Gerrard for LIANS

 

CA 454879

Brenton Sparks
v.
Assistance Appeal Board (Nova Scotia) and the Department of Community Services (Nova Scotia)
and
Rosemary Sparks, Rosemary Sparks as Guardian Ad Litem for Jeaninne MacDonald, Tiauna Sparks and Angelica Sparks, and Women's Legal Education and Action Fund

 

Panel Members

MacDonald, C.J.N.S.,
Saunders, J.A.,
Van den Eynden, J.A.

 

Decision Under Appeal:

Supreme Court
(2016-09-22)

2016 NSSC 201

Mr. Sparks appeals from the decision of Supreme Court finding that the Department of Community Services was justified in suspending Mr. Sparks and his family's social assistance benefits.

 

Wednesday
May 31, 2017

10:00 am

 

Courtroom 502

 

Vincent Calderhead for the Appellant

Sheldon Choo for the Respondents

Claire McNeil for the Intervenors Rosemary Sparks and Women's Legal Education and Action Fund (LEAF)

 

CA 456573

Nova Scotia Human Rights Commission
v.
Dewayne Charlton, Holmestead Cheese Sales Inc., The Attorney General of Nova Scotia Representing Her Majesty the Queen In Right of the Province of Nova Scotia and Kathryn A. Raymond in Her Capacity as Board Chair for the Nova Scotia Human Rights Board of Inquiry

 

Panel Members

Fichaud, J.A.,
Bryson, J.A.,
Van den Eynden, J.A.

 

 

Decision Under Appeal:

Nova Scotia Human Rights Commission Board of Inquiry
(30-D14-2275)

NSHRC Board of Inquiry
(2016-09-14)

The Commission challenges the Board's interpretation and involvement in settlement of complaints under the Human Rights Act.

 

Thursday
June 1, 2017

10:00 am

 

Courtroom 502

 

Kymberley Franklin for the Appellant

Dewayne Charlton, Respondent In Person

George Tziolas for Holmstead Cheese Sales Inc.

Edward A. Gores, Q.C. for the AGNS

 

CA 453201

Bruce and Frances Purdy
v.
Evelyn Bishop, Carole Blake, Johanne Buchanan, Glenn Dodge, Richard Duchesne, Barbara Hines, Scott MacDonald, Careen McNeil, Ken Murray, Jennifer Quesnel, Lunn Ryan, Fernand Tardif

 

Panel Members

Beveridge, J.A.,
Farrar, J.A.,
Bryson, J.A.

 

Decision Under Appeal:

Supreme Court
(2016-06-08)

2015 NSSC 364

The appellants' challenge a decision granting a right-of-way over their lands.

 

Monday
June 5, 2017

10:00 am

 

Courtroom 502

 

A. Douglas Tupper, Q.C. for the Appellants

Leo Ryan and Fernard Tardif, Agents for the Respondents

 

CA 459462

Halifax Regional Municipality
v.
3230813 Nova Scotia Limited and Janet Helen Morris

 

Panel Members

Fichaud, J.A.,
Bryson, J.A.,
Van den Eynden, J.A.

 

Decision Under Appeal:

Supreme Court
(2017-01-26)

2016 NSSC 340

HRM appeals Supreme Court decision that the numbered company was denied procedural fairness because the Halifax Community Council did not grant a requested adjournment of a hearing appealing a variance obtained by the respondent, Janet Morris, permitting construction of a shed on her property.

 

Tuesday
June 6, 2017

10:00 am

 

Courtroom 502

 

E. Roxanne MacLaurin for the Appellants

Brian Casey, Q.C. and Meghan Russell for 3230813 NS Limited

 

CA 455666

James MacNeil
v.
Workers' Compensation Board of Nova Scotia, Workers' Compensation Appeals Tribunal, Attorney General of Nova Scotia

 

Panel Members

Fichaud, J.A.,
Farrar, J.A.,
Bryson, J.A.

 

Decision Under Appeal:

Workers' Compensation Appeals Tribunal
(2016-08-18)

WCAT
2015-72-AD

The appellant seeks leave to appeal from a decision of the Workers' Compensation Appeals Tribunal which denied him an increase in his PMI rating.

 

Wednesday
June 7, 2017

2:00 pm

 

Courtroom 502

 

James MacNeil, Appellant in Person

Paula M. Arab, Q.C. for WCB

Alexander C.W. MacIntosh for WCAT

 

CA 461951

Maxwell Properties Limited
v.
Mosaik Property Management Limited, George Giannoulis, Stavros ("Steve") Giannoulis and JL Silver Construction Incorporated

 

Panel Members

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

 

Decision Under Appeal:

Supreme Court
(2017-03-22)

2017 NSSC 81

Maxwell Properties sought leave to appeal the suspension of an interlocutory injunction restraining respondents' construction work. Maxwell filed a Notice of Discontinuance. The respondents continue their cross-appeal.

 

Thursday
June 8, 2017

10:00 am

 

Courtroom 502

 

Nancy G. Rubin, Q.C. for the Appellant

Geoffrey Saunders for the Respondents

 

CA 460593

Paulette Raymond
v.
Tamara White and Philip Harris

 

Panel Members

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

 

Decision Under Appeal:

Supreme Court
(2017-02-02)

The appellant appeals the pre-hearing conference memorandum of Supreme Court regarding access to her granddaughter.

 

Monday
June 12, 2017

10:00 am

 

Courtroom 502

APPEAL DISMISSED

 

Paulette Raymond, Appellant in Person

Franceen Romney for Ms. White

Philip Harris Respondent in Person

 

CA 458458

Richard Homburg, Homburg Bondclaim Limited and Homburg Shareclaim Limited
v.
Stichting Autoriteit Financiele Markten, De Nederlandsch Bank N.V., Belastingdienst, Theodor Kockelkoren, Markus E. Wagemakers and the Government of the Kingdom of the Netherlands

 

Panel Members

Fichaud, J.A.,
Beveridge, J.A.,
Farrar, J.A.

 

Decision Under Appeal:

Supreme Court
(2016-12-15)

2016 NSSC 317

 

The appellants appeal dismissal of their action against the Respondents for damages they claim were caused by regulatory steps taken against them in the Netherlands by the respondents.

 

Tuesday
June 13, 2017

10:00 am

 

Courtroom 502

 

Ian A. Blue, Q.C. for the Appellants

Sheila Block and Davida Schiff for the Respondents

 

CA 46979

A.M.L.
v.
Her Majesty the Queen

 

Panel Members

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

 

Decision Under Appeal:

Provincial Court
(2017-03-22)

 

The appellant appeals his conviction for sexual assault.

 

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

 

Wednesday
June 14, 2017

10:00 am

 

Courtroom 502

 

Roger A. Burrill for the Appellant

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