Fraser v. Nova Scotia Barristers’ Society

Fraser v. Nova Scotia Barristers’ Society Court Court of Appeal Date 2025-10-20 Citation 2025 NSCA 75 Docket CA 540684 Judge/Registrar/Adjudicator Bryson, Peter M.S. (Honourable Justice) (CA); Bourgeois, Cindy A. (Honourable Justice) (CA); Derrick, Anne S. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Fraser v. Nova Scotia Barristers’ Society, 2025 NSCA 75 Date: 20251020 Docket: CA 540684 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 Derrick, JJ.A. Appeal Heard: October 16, 2025, in Halifax, Nova Scotia Written Release: October 20, 2025 Held: Leave to appeal denied, with costs of $5,000.00 to the respondent Society and $8,000.00 to the respondent Julie MacPhee, to be paid forthwith, 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 and Elaine Cumming Julie MacPhee, self-represented respondent CA 540684 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 BEFORE: The Honourable Justice Peter M. S. Bryson The Honourable Justice Cindy A. Bourgeois The Honourable Justice Anne S. Derrick UPON APPLICATION by the appellant for leave to appeal the costs decision of Justice James L. Chipman dated September 25, 2024 (2024 NSSC 288), 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 IT APPEARING THAT: (a) Justice Chipman awarded lump sum costs of $25,000.00 and $20,000.00 respectively to the respondent Society and Julie MacPhee; (b) Justice Chipman properly identified and applied the principles respecting an award of lump sum costs in accordance with recognized jurisprudence (Armoyan v. Armoyan, 2013 NSCA 136); (c) Accordingly, the appellant has failed to establish an arguable issue with respect to his proposed appeal; (d) The respondents have requested that the judicial review in the Supreme Court be stayed pending the appellant’s payment of outstanding costs orders; (e) The relief sought in subparagraph (d) is original relief that is only potentially available in the Supreme Court; (f) The respondent Society has confined its request for costs to be $5,000.00; (g) Ms. MacPhee has sought costs of $8,000.00 representing 40% of the costs awarded to her by Justice Chipman. IT IS HEREBY ORDERED that leave to appeal is denied, with costs of $5,000.00 to the respondent Society and $8,000.00 to the respondent Julie MacPhee, to be paid forthwith. ISSUED at Halifax, Nova Scotia, this day of October, 2025. ______________________ Deputy Registrar