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The Labour Board’s decision to set aside a Compliance Order regarding the stability of an excavation crane was based on evidence. No error existed. Nova Scotia (Occupational Health and Safety) v. DJ Excavation Inc., 2026 NSCA 24: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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The March 2026 #NSCA Washington Report is out! Read about a recent GAO report that highlights widespread infrastructure challenges facing U.S. museums, a new bipartisan legislation endorsed by NSC Alliance (America’s Living Library Act), and other news. mailchi.mp/be664402ee83...
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Trial judge did not err in verdicts regarding two counts of intimidating a justice system participant. Verdicts were not inconsistent as evidence of intent varied between the two counts. Appeal dismissed. R. v. Cox, 2026 NSCA 23: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Judge in a custody matter correctly assessed the children’s best interests. All evidence was properly considered. No errors of law existed. Fresh evidence did not meet the criteria for admission. Appeal dismissed. Rice v. Rice, 2026 NSCA 22: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Designation of the appellant as a dangerous offender and the imposition of an indeterminate sentence was reasonable. (paras 33-92). R. v. Marriott, 2026 NSCA 21: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Appellant’s detention conditions did not warrant a habeas corpus application as a comprehensive and expert review scheme existed under the Criminal Code. Appeal dismissed. Williams v. Nova Scotia Health Authority, 2026 NSCA 19: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Appellant’s driver’s license was suspended. Initial appeal dismissed. Application against the original dismissal was a collateral attack and abuse of process. No cause of action existed. Turner-Lienaux v. Townsend, 2026 NSCA 20: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Flawed credibility analysis resulted from reliance on sexual assault stereotypes and failure to consider permissible inferences from inconsistent testimony about why the complainant avoided the Appellant. Appeal allowed. R. v. Best 2026 NSCA 15: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Flawed credibility analysis resulted from reliance on sexual assault stereotypes and failure to consider permissible inferences from inconsistent testimony about why the complainant avoided the Appellant. Appeal allowed. R. v. Best 2026 NSCA 15: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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A teacher’s reassignment to another classroom with better airflow after an OHSA complaint was not a reprisal under the Act. Appeal dismissed. Gannett v. Halifax Regional Centre for Education, 2026 NSCA 16: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Duty to mitigate a failed real estate contract arose when the breach occurred on the closing date. Anticipatory breach was not accepted. Purchase of another home was reasonable mitigation. FH Development Group Inc. v. Brooks, 2026 NSCA 13:
decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Law for an unjust enrichment claim was correctly applied. The family of a woman who died intestate did not intend their home care services as gifts. Donative intent negated. Bourgeois, J.A. dissenting. Walcott Estate v. Walcott, 2026 NSCA 12: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Sentence of a Mi’kmaw man for manslaughter overemphasized the gravity of the offence and underemphasized the Gladue factors. Mitigating factors not considered. Sentence reduced to 5 years. Wood, C.J. dissenting. R. v. Knockwood, 2026 NSCA 11: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Original sentence for sexual assault of a minor was illegal as probation cannot follow a sentence exceeding two years. New sentence imposed. Offender reincarcerated. Derrick, J.A. dissenting. R. v. M.W., 2026 NSCA 9: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Judge erred in identifying dispute as involving LTD benefits v. the management of STD benefits. Labour arbitrator had exclusive jurisdiction. Residual jurisdiction not exercised. Carter v. Manufacturers Life Insurance Company, 2026 NSCA 6: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Appellant not entitled to reimbursement for hip replacement surgery in Ontario as it was not performed in a Minister approved hospital. No bias existed. Fresh evidence excluded. Buxton v. Nova Scotia (Attorney General), 2026 NSCA 7: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Nova Scotia (Workers’ Compensation Board) v. O’Brien, 2026 NSCA 5: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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Trial judge in a divorce incorrectly awarded a substantial costs award. Trial results were mixed and balance of the costs award was set aside. Each party to bear their own costs due to divided success. MacCoul v. MacCoul, 2026 NSCA 1: decisions.courts.ns.ca/nsc/nsca/en/... #NSCA #NSCourts
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The latest #NSCA Washington Watch has been released. Read about their Upcoming Virtual Meeting, Calls for Recognizing Collections as Critical Research Infrastructure For Accelerating Scientific Progress in Comments to OSTP, & more... mailchi.mp/e0075c4f2112...
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