Green v. Green, 2023 NSCA 38

Nova Scotia Court of Appeal Citation: Green v. Green , 2023 NSCA 38 Date: 20230519 Docket: CA 516672 Registry: Halifax Between: Kelsey Green Appellant v. Heidi Green Respondent Judges: Farrar, Van den Eynden and Beaton JJ.A. Appeal Heard: May 15, 2023, in Halifax, Nova Scotia Held: Appeal dismissed with costs, per Order for Judgment of the Court Counsel: Kelsey Green, appellant on his own behalf Heidi Green, respondent on her own behalf [Issued Without Written Reasons] CA 516672 Nova Scotia Court of Appeal Between: Kelsey Green Appellant v.

Heidi Green 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 15th day of May, 2023; AND UPON the appellant Kelsey Green appealing the Order of Justice Theresa Forgeron dated June 23, 2022; AND UPON Kelsey Green seeking leave to introduce fresh evidence on the appeal; AND UPON HEARING Kelsey Green, on his own behalf, and the respondent, Heidi Green, on her 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 evidence sought to be introduced by the appellant was, to a great extent, not inan admissible form. Further, it was not demonstrated the evidence was relevant to the issues on appeal or that it could have affected theoutcome of the proceedings before Justice Forgeron (R. v. Palmer, (SCC), [1980] 1 S.C.R. 759, at p. 775). The Palmertest ensures the admission of additional evidence on appeal will be rare.

The matters in issue between the parties should “narrow ratherthan expand as [a] case proceeds up the appellate ladder” (Barendregt v. Grebliunas, 2022 SCC 22, at ¶31). 2. The appeal is dismissed. It is without merit. The appellant has not identified any error in the Order of Justice Forgeron. Almost theentirety of the appellant’s submissions, both oral and written, attack Justice Forgeron’s earlier decision in K.G. v. H.G., 2021 NSSC 43,which the appellant unsuccessfully sought to appeal (Green v. Green, 2021 NSCA 61).

This appeal was primarily an attempt to relitigatethe issues that were before the judge in 2021 NSSC 43. 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; LeBlanc v. LeBlanc, 2023 NSCA 36). 3. Although the respondent was self-represented, the conduct of the appellant on this appeal requires a cost award against him. Therespondent shall be entitled to costs in the amount of $5,000.00 inclusive of disbursements. ISSUED at Halifax, Nova Scotia, this 19th day of May, 2023. ________________________ Deputy Registrar