P.G. v. A.G.

P.G. v. A.G.

The court terminated the EPO because the Applicant's evidence contained significant credibility problems and, on the evidence as a whole, the conduct alleged did not constitute domestic violence that would cause a reasonable person to fear for their safety; even if some physical contact occurred, it was proportionate in defence of property and, in any event, there was no realistic threat of immediate harm warranting an EPO made forthwith.

Citation
2024 NSSC 293
Parties
Applicant: P.G.; Respondent: A.G.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 September 2024
Procedural Posture
Emergency Protection Order Under the Domestic Violence Intervention Act / Review Hearing Before Supreme Court (family Division) After Justice of the Peace EPO Issuance
Outcome
Emergency Protection Order terminated.
Legal Topics
Emergency Protection Order, Domestic Violence Intervention Act, Credibility and Evidence, Urgency (forthwith) Requirement
Source Language
English
Family Law Domestic Violence Law Emergency Protection Order Domestic Violence Intervention Act Credibility and Evidence Urgency (forthwith) Requirement

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Parties

P.G.

Applicant

A.G.

Respondent

Procedural Posture

Emergency Protection Order Under the Domestic Violence Intervention Act / Review Hearing Before Supreme Court (family Division) After Justice of the Peace EPO Issuance

Legal Issues

  1. 1 Did domestic violence occur?
  2. 2 Should an Emergency Protection Order be made forthwith (urgent immediate relief)?

Ratio Decidendi

The court terminated the EPO because the Applicant's evidence contained significant credibility problems and, on the evidence as a whole, the conduct alleged did not constitute domestic violence that would cause a reasonable person to fear for their safety; even if some physical contact occurred, it was proportionate in defence of property and, in any event, there was no realistic threat of immediate harm warranting an EPO made forthwith.

Court Disposition

Emergency Protection Order terminated.

Orders

  • The Emergency Protection Order granted on August 30, 2024 is terminated.