D. (C.) N. v. Nova Scotia (Minister of Justice), 2023 NSCA 69
Opinion
Nova Scotia Court of Appeal Citation: D. (C.) N. v. Nova Scotia (Minister of Justice) , 2023 NSCA 69 Date: 20231006 Docket: CA 519053 Registry: Halifax Between: D. (C.) N. Appellant v. The Minister of Justice and the Minister of Community Services Respondents Judges: Farrar, Bryson and Beaton JJ.A. Appeal Heard: October 4, 2023, in Halifax, Nova Scotia Held: Leave to appeal denied per reasons for judgment of the Court Counsel: D. (C.) N., appellant, self-represented Agnes MacNeil, K.C., for the respondents CA 519053 Nova Scotia Court of Appeal Between: D. (C.) N. Appellant v.
The Minister of Justice and The Minister of Community Services Respondents ORDER FOR JUDGMENT BEFORE : The Honourable Justice David P. S. Farrar The Honourable Justice Peter M. S. Bryson The Honourable Justice Carole A. Beaton UPON this matter being heard before the Court on the 4th day of October, 2023; AND UPON the appellant requiring leave to appeal the interlocutory rulings of Justice Ann E. Smith; AND UPON the appellant seeking leave to introduce fresh evidence;
AND UPON HEARING D. (C.) N., on her own behalf, and Agnes MacNeil, K.C., on behalf of the respondents; 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 not demonstrated the evidence was relevant to the issues on appealor that it could have affected the outcome of the proceedings before Justice Ann E. Smith (R. v. Palmer, (SCC), [1980] 1S.C.R. 759, at p. 775). 2. Leave to appeal is denied and the appeal is dismissed.
Leave to appeal requires the appellant to raise an arguable issue relating tothe interlocutory orders of Justice Ann E. Smith. The appellant appears to have misunderstood the role of this Court. Her presentations,both in writing and orally, sought to address issues that were not the subject of a decision of Justice Smith and were not properly beforethis Court. 3. As no costs were sought by the respondent, none will be awarded. ISSUED at Halifax, Nova Scotia, this 6th day of October, 2023. ________________________ Deputy Registrar
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