M.A.F. v. J.S.M.S.

M.A.F. v. J.S.M.S.

The court declined to confirm the New Brunswick provisional order on the record before it, issued a provisional injunction restraining the respondent from contacting B.'s employer (the Canadian military) pending confirmation by the originating court, and ordered the transcript of evidence and this hearing be sent to...

Source-derived case information.

Citation
2005 BCSC 1456
Parties
Petitioner: M.A.F.; Respondent: J.S.M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 October 2005
Procedural Posture
Recognition and Confirmation of Provisional Order (inter‑jurisdictional Injunction) / In Chambers Confirmation Hearing Remitting Matter to Originating Court for Further Documentation and Evidence
Outcome
Provisional order granted restraining respondent from contacting specified military employer; confirmation of originating New Brunswick order withheld and matter remitted to originating court for transcript and further evidence; military‑employment issues left to Judge Advocate General.
Legal Topics
Provisional Order, Recognition of Foreign Order, Contact Restriction, Judge Advocate General Jurisdiction, Transmittal of Transcript
Source Language
english
Civil Procedure Injunctions Inter‑jurisdictional Enforcement Military Law Provisional Order Recognition of Foreign Order Contact Restriction Judge Advocate General Jurisdiction +1 more

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Summary, issues, holding and outcome

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Parties

M.A.F.

Petitioner

J.S.M.S.

Respondent

Procedural Posture

Recognition and Confirmation of Provisional Order (inter‑jurisdictional Injunction) / In Chambers Confirmation Hearing Remitting Matter to Originating Court for Further Documentation and Evidence

Legal Issues

  1. 1 Whether the British Columbia court should confirm a provisional order made by the Court of Queen's Bench, New Brunswick restricting the respondent from contacting a party's employer (Canadian military)
  2. 2 Whether the BC court should extend the contact restriction to the petitioner's employers or the Minister of National Defence
  3. 3 Whether confirmation should be withheld pending receipt of a transcript and further evidence and remittal to the originating court

Ratio Decidendi

The court declined to confirm the New Brunswick provisional order on the record before it, issued a provisional injunction restraining the respondent from contacting B.'s employer (the Canadian military) pending confirmation by the originating court, and ordered the transcript of evidence and this hearing be sent to the Court of Queen's Bench, New Brunswick for further documentation and, if necessary, further evidence; issues concerning petitioner's employers or the Minister of National Defence were left to the Judge Advocate General.

Court Disposition

Provisional order granted restraining respondent from contacting specified military employer; confirmation of originating New Brunswick order withheld and matter remitted to originating court for transcript and further evidence; military‑employment issues left to Judge Advocate General.

Orders

  • Provisional order that J.S.M.S. not contact B.'s employer, the Canadian military, pending confirmation by the Court of Queen's Bench, New Brunswick.
  • The order of Madam Justice Wooder dated July 4, 2005 (Court of Queen's Bench, New Brunswick) is not confirmed on the material before this court; a transcript of the evidence and of this hearing shall be sent to the Court of Queen's Bench, New Brunswick for further documentation and, if necessary, further evidence.