Howe v. Nova Scotia Barristers’ Society
The motion for issuance of subpoenas was dismissed because the appellant failed to establish a material connection between the evidence the nine proposed witnesses could give and the issues to be determined at the fresh evidence motion; accordingly the subpoenas were denied and the court did not decide the...
Source-derived case information.
- Citation
- 2025 NSCA 28
- Parties
- Appellant: Lyle Howe; Respondent: Nova Scotia Barristers’ Society; Respondent: Attorney General of Nova Scotia
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 April 2025
- Procedural Posture
- Appeal Under S.45(4) of the Legal Profession Act; Motion to Admit Fresh Evidence and Issue Subpoenas / Motion Heard April 3, 2025; Written Decision April 10, 2025
- Outcome
- Motion dismissed
- Legal Topics
- Fresh Evidence, Subpoena Issuance, Compellability of Witnesses, Legal Profession Act S.77 A(2), Section 45(4) Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lyle Howe
Appellant
Nova Scotia Barristers’ Society
Respondent
Attorney General of Nova Scotia
Respondent
Procedural Posture
Appeal Under S.45(4) of the Legal Profession Act; Motion to Admit Fresh Evidence and Issue Subpoenas / Motion Heard April 3, 2025; Written Decision April 10, 2025
Legal Issues
- 1 Whether subpoenas should issue to nine employees/executive/committee members of the Barristers’ Society
- 2 Whether the appellant established a material connection between proposed witnesses' evidence and issues at the fresh evidence motion
- 3 Whether proposed witnesses are compellable under s.77A(2) of the Legal Profession Act
Ratio Decidendi
The motion for issuance of subpoenas was dismissed because the appellant failed to establish a material connection between the evidence the nine proposed witnesses could give and the issues to be determined at the fresh evidence motion; accordingly the subpoenas were denied and the court did not decide the compellability issue under s.77A(2).
Court Disposition
Motion dismissed
Orders
- Motion for the issuance of subpoenas dismissed with costs in the cause
Full Case Text
Judgment text and source record
1 paragraphs
Howe v. Nova Scotia Barristers’ Society Court Court of Appeal Date 2025-04-10 Citation 2025 NSCA 28 Docket CA 533958 Judge/Registrar/Adjudicator Bryson, Peter M.S. (Honourable Justice) (CA); Van den Eynden, Elizabeth (Honourable Justice) (CA); Gogan, Robin (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Howe v. Nova Scotia Barristers’ Society, 2025 NSCA 28 Date: 20250410 Docket: CA 533958 Registry: Halifax Between: Lyle Howe Appellant v. Nova Scotia Barristers’ Society and Attorney General of Nova Scotia Respondents Judges: Bryson, Van den Eynden and Gogan, JJ.A. Motion Heard: April 3, 2025, in Halifax, Nova Scotia in Chambers Written Decision: April 10, 2025 Held: Motion for the issuance of subpoenas be and is hereby dismissed with costs in the cause Counsel: Laura McCarthy, for the appellant David Hutt and Ashley Hamp-Gonsalves, for the respondent Nova Scotia Barristers’ Society Edward Gores, KC, for the respondent Attorney General of Nova Scotia (not participating) CA 533958 NOVA SCOTIA COURT OF APPEAL Between: Lyle Howe Appellant and Nova Scotia Barristers’ Society and Attorney General of Nova Scotia Respondents ORDER BEFORE: The Honourable Justice Peter M.S. Bryson The Honourable Justice Elizabeth Van den Eynden The Honourable Justice Robin Gogan WHEREAS: 1. Lyle Howe has appealed the dismissal of his application under s. 45(4) of the Legal Profession Act, SNS 2004, c. 28 requesting the Nova Scotia Barristers’ Society panel rescind or vary its Resolution Order of October 20, 2017; 2. Mr. Howe has moved for admission of fresh evidence before this Court for his appeal on May 22, 2025; 3. Mr. Howe has also moved for an order from the Court to issue subpoenas to nine individuals who are employees, executive members or committee members of the Barristers’ Society; 4. Mr. Howe has not established a material connection between any evidence that the aforesaid nine individuals may give and the issues to be determined at the fresh evidence motion (Lewis v. Tsavos, 2013 NSCA 115); 5. In light of paragraph 4, the Court need not address the Barristers’ Society’s argument that the proposed witnesses are not compellable under s. 77A(2) of the Legal Profession Act. AND UPON REVIEWING Mr. Howe’s affidavits, the parties’ briefs and other written materials on file; AND UPON HEARING David Hutt on behalf of the respondent Barristers’ Society and Mr. Howe on his own behalf (Laura McCarthy present as solicitor of record on his behalf), with the Attorney General of Nova Scotia not participating; NOW UPON MOTION: IT IS HEREBY ORDERED that the motion for the issuance of subpoenas be and is hereby dismissed with costs in the cause. ISSUED at Halifax, Nova Scotia, this 10th day of April, 2025. ____________________________ Deputy Registrar