D. (C.) N. v. Nova Scotia (Minister of Justice)
The motion to admit fresh evidence was denied because the appellant failed to show the evidence was relevant or could have affected the outcome under R. v. Palmer, and leave to appeal was denied because the appellant did not raise an arguable issue properly before the Court (the matters addressed were not the...
Source-derived case information.
- Citation
- 2023 NSCA 69
- Parties
- Appellant: D. (C.) N.; Respondent: The Minister of Justice; Respondent: The Minister of Community Services
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 6 October 2023
- Procedural Posture
- Leave to Appeal Application / Motion for Leave to Appeal Interlocutory Rulings and Motion to Admit Fresh Evidence at Court of Appeal
- Outcome
- Motion to admit fresh evidence denied; leave to appeal denied; appeal dismissed; no costs awarded.
- Legal Topics
- Leave to Appeal, Fresh Evidence, Interlocutory Orders, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D. (C.) N.
Appellant
The Minister of Justice
Respondent
The Minister of Community Services
Respondent
Procedural Posture
Leave to Appeal Application / Motion for Leave to Appeal Interlocutory Rulings and Motion to Admit Fresh Evidence at Court of Appeal
Legal Issues
- 1 Whether to admit fresh evidence on appeal
- 2 Whether leave to appeal interlocutory rulings should be granted
- 3 Whether the appellant raised an arguable issue properly before the Court
Ratio Decidendi
The motion to admit fresh evidence was denied because the appellant failed to show the evidence was relevant or could have affected the outcome under R. v. Palmer, and leave to appeal was denied because the appellant did not raise an arguable issue properly before the Court (the matters addressed were not the subject of Justice Smith's decisions). No costs were awarded as none were sought.
Court Disposition
Motion to admit fresh evidence denied; leave to appeal denied; appeal dismissed; no costs awarded.
Orders
- Motion to admit fresh evidence denied
- Leave to appeal denied and appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
D. (C.) N. v. Nova Scotia (Minister of Justice) Court Court of Appeal Date 2023-10-06 Citation 2023 NSCA 69 Docket CA 519053 Judge/Registrar/Adjudicator Bryson, Peter M.S. (Honourable Justice) (CA); Farrar, David P.S. (Honourable Justice) (CA); Beaton, Carole A. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: D. (C.) N. v. Nova Scotia (Minister of Justice), 2023 NSCA 69 Date: 20231006 Docket: CA 519053 Registry: Halifax Between: D. (C.) N. Appellant v. The Minister of Justice and the Minister of Community Services Respondents Judges: Farrar, Bryson and Beaton JJ.A. Appeal Heard: October 4, 2023, in Halifax, Nova Scotia Held: Leave to appeal denied per reasons for judgment of the Court Counsel: D. (C.) N., appellant, self-represented Agnes MacNeil, K.C., for the respondents CA 519053 Nova Scotia Court of Appeal Between: D. (C.) N. Appellant v. The Minister of Justice and The Minister of Community Services Respondents ORDER FOR JUDGMENT BEFORE: The Honourable Justice David P. S. Farrar The Honourable Justice Peter M. S. Bryson The Honourable Justice Carole A. Beaton UPON this matter being heard before the Court on the 4th day of October, 2023; AND UPON the appellant requiring leave to appeal the interlocutory rulings of Justice Ann E. Smith; AND UPON the appellant seeking leave to introduce fresh evidence; AND UPON HEARING D. (C.) N., on her own behalf, and Agnes MacNeil, K.C., on behalf of the respondents; AND UPON READING the materials on file herein; IT IS HEREBY ORDERED THAT: 1. The motion to admit fresh evidence is denied. The appellant has not demonstrated the evidence was relevant to the issues on appeal or that it could have affected the outcome of the proceedings before Justice Ann E. Smith (R. v. Palmer, [1980] 1 S.C.R. 759, at p. 775). 2. Leave to appeal is denied and the appeal is dismissed. Leave to appeal requires the appellant to raise an arguable issue relating to the interlocutory orders of Justice Ann E. Smith. The appellant appears to have misunderstood the role of this Court. Her presentations, both in writing and orally, sought to address issues that were not the subject of a decision of Justice Smith and were not properly before this Court. 3. As no costs were sought by the respondent, none will be awarded. ISSUED at Halifax, Nova Scotia, this 6th day of October, 2023. ________________________ Deputy Registrar