Fraser v. Nova Scotia Barristers’ Society
The appellant failed to meet the legal tests for admitting fresh evidence and failed to establish grounds warranting leave to appeal; accordingly the motion to adduce fresh evidence was dismissed, leave to appeal was denied and the appeal was dismissed.
Source-derived case information.
- Citation
- 2025 NSCA 26
- Parties
- Appellant: Donn Fraser; Respondent: Nova Scotia Barristers' Society; Respondent: Complaints Investigation Committee; Respondent: Elaine Cumming; Respondent: Julie MacPhee
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 April 2025
- Procedural Posture
- Appeal / Motion for Fresh Evidence and Application for Leave to Appeal; Final Disposition by Court of Appeal
- Outcome
- Motion to adduce fresh evidence dismissed; leave to appeal denied; appeal dismissed.
- Legal Topics
- Admission of Fresh Evidence, Leave to Appeal, Costs, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Donn Fraser
Appellant
Nova Scotia Barristers' Society
Respondent
Complaints Investigation Committee
Respondent
Elaine Cumming
Respondent
Julie MacPhee
Respondent
Procedural Posture
Appeal / Motion for Fresh Evidence and Application for Leave to Appeal; Final Disposition by Court of Appeal
Legal Issues
- 1 Whether the motion to adduce fresh evidence on appeal should be granted
- 2 Whether leave to appeal the decision of Justice Frank Hoskins (2024 NSSC 173) should be granted
- 3 Whether the appeal should be dismissed
Ratio Decidendi
The appellant failed to meet the legal tests for admitting fresh evidence and failed to establish grounds warranting leave to appeal; accordingly the motion to adduce fresh evidence was dismissed, leave to appeal was denied and the appeal was dismissed.
Court Disposition
Motion to adduce fresh evidence dismissed; leave to appeal denied; appeal dismissed.
Orders
- Motion to adduce fresh evidence dismissed; leave to appeal denied; appeal dismissed.
- Costs of $2,500.00 to the respondent Nova Scotia Barristers' Society and $500.00 to the respondent Julie MacPhee, both payable forthwith and in any event of the cause.
Full Case Text
Judgment text and source record
1 paragraphs
Fraser v. Nova Scotia Barristers’ Society Court Court of Appeal Date 2025-04-04 Citation 2025 NSCA 26 Docket CA 536690 Judge/Registrar/Adjudicator Bryson, Peter M.S. (Honourable Justice) (CA); Bourgeois, Cindy A. (Honourable Justice) (CA); Beaton, Carole A. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Fraser v. Nova Scotia Barristers’ Society, 2025 NSCA 26 Date: 20250404 Docket: CA 536690 Registry: Halifax Between: Donn Fraser Appellant v. Nova Scotia Barristers’ Society, a statutory body, including or as represented by its Complaints Investigation Committee and Elaine Cumming and Julie MacPhee Respondents Judges: Bryson, Bourgeois and Beaton, JJ.A. Appeal Heard: April 2, 2025, in Halifax, Nova Scotia Written Release: April 4, 2025 Held: Motion to adduce fresh evidence dismissed, leave to appeal denied and appeal dismissed, with costs of $3,000, per Order for Judgment of the Court Counsel: Donn Fraser, self-represented appellant Ewa Krajewska and Erik Arsenault on behalf of the respondents Nova Scotia Barristers’ Society and Complaints Investigation Committee Julie MacPhee, self-represented respondent CA 536690 Nova Scotia Court of Appeal Between: Donn Fraser Appellant v. Nova Scotia Barristers’ Society, a statutory body, including or as represented by its Complaints Investigation Committee and Elaine Cumming and Julie MacPhee Respondents ORDER FOR JUDGMENT UPON APPLICATION by the appellant to introduce fresh evidence and for leave to appeal the decision of Justice Frank Hoskins dated June 14, 2024 (2024 NSSC 173), and, if successful to appeal that decision; AND UPON hearing Donn Fraser, the appellant on his own behalf, Ewa Krajewska and Erik Arsenault on behalf of the Nova Scotia Barristers’ Society, and Julie MacPhee, the respondent on her own behalf; AND UPON the Court delivering its unanimous decision at the conclusion of oral argument denying the motion to adduce fresh evidence, denying leave to appeal and dismissing the appeal; AND UPON it appearing the matter of costs respecting an earlier motion was reserved to the Panel on this appeal, the conduct of Ms. MacPhee on that motion has been considered in fixing the amount of costs payable to her on this appeal. IT IS HEREBY ORDERED that the motion to adduce fresh evidence is dismissed, leave to appeal is denied and the appeal is dismissed with costs of $2,500.00 to the respondent Nova Scotia Barristers’ Society and $500.00 to the respondent Julie MacPhee, both payable forthwith and in any event of the cause. ISSUED at Halifax, Nova Scotia, this 4th day of April, 2025. ______________________ Deputy Registrar