Perry v. Saben

Perry v. Saben

The claim is dismissed for lack of jurisdiction because the Small Claims Court does not have statutory authority to enforce a Corollary Relief Order of the Nova Scotia Supreme Court; enforcement must be sought in the appropriate superior court (Nova Scotia Supreme Court Family Division or British Columbia Supreme Court).

Citation
2012 NSSM 44
Parties
Claimant: KEIR ANDREW PERRY; Defendant: SARAH RUTH SABEN (aka Leisen, Bottomley, Perry)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2012
Procedural Posture
Small Claims Enforcement of Family Court Order / Hearing and Decision (jurisdictional Determination)
Outcome
Claim dismissed for lack of jurisdiction without prejudice.
Legal Topics
Enforcement, Jurisdiction, Corollary Relief Order, Interprovincial Enforcement, Separation Agreement
Source Language
English
Family Law Enforcement of Court Orders Civil Procedure Jurisdiction Enforcement Corollary Relief Order Interprovincial Enforcement Separation Agreement

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Parties

KEIR ANDREW PERRY

Claimant

SARAH RUTH SABEN (aka Leisen, Bottomley, Perry)

Defendant

Procedural Posture

Small Claims Enforcement of Family Court Order / Hearing and Decision (jurisdictional Determination)

Legal Issues

  1. 1 Whether the Small Claims Court has jurisdiction to enforce a Nova Scotia Supreme Court Corollary Relief Order
  2. 2 Appropriate forum for enforcement given the Defendant resides in British Columbia

Ratio Decidendi

The claim is dismissed for lack of jurisdiction because the Small Claims Court does not have statutory authority to enforce a Corollary Relief Order of the Nova Scotia Supreme Court; enforcement must be sought in the appropriate superior court (Nova Scotia Supreme Court Family Division or British Columbia Supreme Court).

Court Disposition

Claim dismissed for lack of jurisdiction without prejudice.

Orders

  • Claim dismissed without prejudice to other proceedings in an appropriate forum