Snow v. Parsons, 2012 NSCA 16

NOVA SCOTIA COURT OF APPEAL Citation: Snow v. Parsons , 2012 NSCA 16 Date: 20120206 Docket: CA 348448 Registry: Halifax Between: Preston Snow Appellant v. Tammy Parsons Respondent Judges: MacDonald, C.J.N.S., Oland and Bryson, JJ.A.

Appeal Heard: February 6, 2012, in Halifax, Nova Scotia Written Judgment: February 7, 2012 Held: Appeal dismissed per oral reasons for judgment of Oland, J.A.; MacDonald, C.J.N.S. and Bryso n, J.A. concurring Counsel: Dorianne Mullin, for the appellant Kent McNally, for the respondent Reasons for judgment (Orally): [ 1 ] Justice Deborah Gass of the Nova Scotia Supreme Court (Family Division) dismissed the appellant’s application to vary the Order of English J. of the Provincial Court of Newfoundland and Labrador.

Her Support Order issued on April 13, 2011. [ 2 ] The appellant appeals to this court and, in doing so, seeks to admit fresh evidence. We would unanimously reject the application to adduce fresh evidence, and would dismiss the appeal.

[ 3 ] We have reviewed the material contained in the application. Nothing within it would have been relevant to this court’s disposition of the appeal, and the application is therefore dismissed. [ 4 ] As to the appeal itself, we see no error in Justice Gass’ determination that the appellant did not demonstrate any material change in his circumstances which would justify any variation of Judge English’s Order in respect of s. 7 expenses. [ 5 ] The appellant urged that the judge failed to address material change in the context of those expenses. We do not necessarily agree.

However, even if this were the case on the record as filed by the appellant, we see no such material change. [ 6 ] The appellant also submits that he was denied procedural fairness because he was not provided with the respondent’s affidavit. However, nothing that was filed by her would have changed the outcome of this decision. [ 7 ] In all the circumstances, we would dismiss the appeal and award the respondent costs of $3,500.00 inclusive of disbursements. Oland, J.A. Concurred in: MacDonald, C.J.N.S. Bryson, J.A.