Burroughsford v. Lynch
The Court of Appeal agreed with the trial judge that he was not bound by R. v. Rehberg in the circumstances of this administrative appeal and therefore dismissed the appeal, upholding the decision to dismiss the appellant's challenge to the Social Assistance Appeal Board's decisions.
Source-derived case information.
- Citation
- 1997 NSCA 28
- Parties
- Appellant: Joanne Burroughsford; Respondents: Peter Lynch; Estelle Grant; Karen O'Brien (Social Assistance Appeal Board); Respondent: Bill Campbell (Director, Family Benefits Division, Department of Community Services)
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 January 1997
- Procedural Posture
- Appeal From Decision of Social Assistance Appeal Board / Court of Appeal Judgment
- Outcome
- Appeal dismissed without costs.
- Legal Topics
- Cohabitation, Overpayment, Binding Precedent, Scope of Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joanne Burroughsford
Appellant
Peter Lynch; Estelle Grant; Karen O'Brien (Social Assistance Appeal Board)
Respondents
Bill Campbell (Director, Family Benefits Division, Department of Community Services)
Respondent
Procedural Posture
Appeal From Decision of Social Assistance Appeal Board / Court of Appeal Judgment
Legal Issues
- 1 Whether the trial judge was bound by R. v. Rehberg (J.) (1993), 127 N.S.R. (2d) 331
- 2 Whether the decision to discontinue family benefits and assess an overpayment for alleged cohabitation should be overturned on appeal
Ratio Decidendi
The Court of Appeal agreed with the trial judge that he was not bound by R. v. Rehberg in the circumstances of this administrative appeal and therefore dismissed the appeal, upholding the decision to dismiss the appellant's challenge to the Social Assistance Appeal Board's decisions.
Court Disposition
Appeal dismissed without costs.
Orders
- Appeal dismissed without costs.
- Decision of Justice Goodfellow dated August 21, 1996 affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Burroughsford v. Lynch Court Court of Appeal Date 1997-01-09 Citation 1997 NSCA 28 Docket CA 130952 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Clarke, Lorne O. (Honourable Chief Justice); Hart, Gordon L.S. (Honourable Justice) Document Type Decision Decision Content C.A. No. 130952 NOVA SCOTIA COURT OF APPEAL Cite as: Burroughsford v. Lynch, 1997 NSCA 28 Clarke, C.J.N.S.; Hart and Chipman, JJ.A. BETWEEN: JOANNE BURROUGHSFORD ) Raymond W. Kuszelewski ) for the Appellant Appellant ) - and - ) ) ) Alexander M. Cameron PETER LYNCH, ESTELLE GRANT, ) for the Respondents and KAREN O'BRIEN, in their joint ) capacity as the Social Assistance ) Appeal Board in the matter of an appeal ) by Joanne Burroughsford of the ) Appeal Heard: Department of Community Services' ) January 9, 1997 decisions discontinuing her Family ) Benefits and assessing her with an ) overpayment due to allegations of ) cohabitation. ) Judgment Delivered: ) January 9, 1997 Respondents ) ) - and - ) ) BILL CAMPBELL, in his capacity ) as Director of Family Benefits Division, ) Department of Community Services. ) ) ) Respondent ) ) ) ) ) THE COURT: Appeal dismissed without costs from decision of a trial judge who dismissed an appeal from a decision of the Social Assistance Appeal Board, per oral reasons for judgment of Clarke, C.J.N.S.; Hart and Chipman, JJ.A. concurring. C.A. No. 130952 NOVA SCOTIA COURT OF APPEAL BETWEEN: JOANNE BURROUGHSFORD ) ) Appellant ) - and - ) ) PETER LYNCH, ESTELLE GRANT, ) and KAREN O'BRIEN, in their joint ) REASONS FOR capacity as the Social Assistance ) JUDGMENT BY Appeal Board in the matter of an appeal ) by Joanne Burroughsford of the ) CLARKE, C.J.N.S. Department of Community Services' ) (Orally) decisions discontinuing her Family ) Benefits and assessing her with an ) overpayment due to allegations of ) cohabitation. ) Respondents ) ) - and - ) ) BILL CAMPBELL, in his capacity ) as Director of Family Benefits Division, ) Department of Community Services. ) ) Respondent ) The reasons for judgment of the Court were delivered orally by: CLARKE, C.J.N.S.: This is an appeal from the decision of Justice Goodfellow dated August 21, 1996. Before him was an appeal from a decision of the Social Assistance Appeal Board. On the appeal counsel raised the issue whether the judge was bound by R. v. Rehberg (J.) (1993), 127 N.S.R. (2d) 331. Justice Goodfellow determined he was not. We agree with the result he reached and, in general, for the reasons he gave. The appeal is dismissed without costs. C.J.N.S. Concurred in: Hart, J.A. Chipman, J.A.