LeBlanc v. LeBlanc, 2023 NSCA 36

Nova Scotia Court of Appeal Citation: LeBlanc v. LeBlanc , 2023 NSCA 36 Date: 20230516 Docket: CA 515006 Registry: Halifax Between: Elena LeBlanc Appellant v. Alain LeBlanc Respondent Judges: Farrar, Van den Eynden and Beaton JJ.A. Appeal Heard: May 10, 2023, in Halifax, Nova Scotia Held: Appeal dismissed with costs, per Order for Judgment by the Court Counsel: Elena LeBlanc, appellant on her own behalf Alain LeBlanc, respondent on his own behalf [Issued Without Written Reasons] CA 515006 Nova Scotia Court of Appeal Between: Elena LeBlanc Appellant v.

Alain LeBlanc Respondent ORDER FOR JUDGMENT BEFORE : The Honourable Justice David P. S. Farrar The Honourable Justice Elizabeth Van den Eynden The Honourable Justice Carole A. Beaton UPON this matter being heard before the Court on the 10th day of May, 2023; AND UPON the appellant Elena LeBlanc appealing the Order of Justice Cindy Murray granted on December 23, 2021 and issued on April 7, 2022; AND UPON Elena LeBlanc seeking leave to introduce fresh evidence on the appeal;

AND UPON HEARING Elena LeBlanc on her own behalf and the respondent, Alain LeBlanc on his own behalf; AND UPON READING the materials on file herein; IT IS HEREBY ORDERED THAT: 1. The motion to admit fresh evidence is denied. The appellant has failed to demonstrate that the evidence sought to be adduced wasrelevant to the issues on appeal or that it could have affected the outcome of the proceedings before Justice Murray (R. v. Palmer, (SCC), [1980] 1 S.C.R. 759, at p. 775).

The Palmer test ensures the admission of additional evidence on appeal will be rare.The matters in issue between the parties should “narrow rather than expand as [a] case proceeds up the appellate ladder” (Barendregt v.Grebliunas, 2022 SCC 22, at ¶31). 2. The appeal is dismissed. The appellant has failed to identify any error in the Order or decision of Justice Murray. The entirety ofthe appellant’s submissions, both oral and written, seek to relitigate the application that was before the judge.

Appellate courts owedeference to judges’ decisions in family matters, absent legal error or a misapprehension of evidence (D.A.M. v. C.J.B., 2017 NSCA 91,at ¶28). The role of an appellate court is not to rehear and reweigh evidence (A.M. v. Children’s Aid Society of Cape Breton-Victoria,2005 NSCA 58, at ¶26). 3. The respondent shall be entitled to costs in the amount of $1,000.00 inclusive of disbursements. ISSUED at Halifax, Nova Scotia, this 16th day of May, 2023. ________________________ Deputy Registrar