Doncaster v. Field, 2012 NSCA 116

NOVA SCOTIA COURT OF APPEAL Citation: Doncaster v. Field , 2012 NSCA 116 Date: 20121121 Docket: CA 393423 Registry: Halifax Between: Ralph Ivan Doncaster Appellant v. Jennifer Lynn Field Respondent Judges: Saunders, Oland and Beveridge, JJ.A. Appeal Heard: November 21, 2012, in Halifax, Nova Scotia Written Judgment: November 22, 2012 Held: Leave to appeal denied per oral reasons for judgment of the Court Counsel: Appellant not appearing Kenzie MacKinnon, for the respondent By the Court: (Orally) [ 1 ] Thank you Mr. MacKinnon for your submissions this afternoon.

[ 2 ] The record discloses that the appellant was present in court on June 28, 2012, when this case was set down for appeal, to be heard at two o’clock this afternoon. [ 3 ] The record also reflects the several notifications and reminders communicated to the appellant that his factum was due August 10, 2012. [ 4 ] Mr.

Doncaster never applied for an extension, although the method of doing so was explained to him by the Registrar. [ 5 ] The appellant did not file a factum on the due date, or at all. [ 6 ] The appellant is not present at today’s hearing. [ 7 ] We are unanimously of the view that because the appellant has failed to perfect his appeal, leave to appeal ought to be denied. [ 8 ] Costs of $1,500.00 inclusive of disbursements are ordered payable to the respondent, forthwith. Saunders, J.A. Oland, J.A. Beveridge, J.A.