This Month In Nova Scotia Family Law ' April 2023

• Published date: 19 May 2023
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Cox & Palmer
• Author: Ms Michelle Axworthy, Courtney Losier and Jocelyn Campbell
• topic: Family Law,Civil Procedure

Ezurike v Gbeve, 2023 NSCA 27

Judge: Chief Justice Michael J. Wood

Subject Matter: Motion by written submission (Civil Procedure Rule 90.38)

Justice Peter Bryson dismissed Mr. Ezurike's motion for an extension of time to file his appeal. The proposed appeal related to a Corollary Relief Order issued by Justice Samuel Moreau of the Nova Scotia Supreme Court (Family Division).

When a judge in chambers issues an order which has the effect of disposing of an appeal, a party may request the order be reviewed by a panel of the Court with Leave of the Chief Justice. Mr. Ezurike made a motion for a review hearing. Chief Justice Wood referred to the decision Marshall v Truro (Town), 2009 NSCA 89 to illustrate the role of the Chief Justice in this process and outline the applicable review criteria.

There was no suggestion that Justice Bryson acted without authority or that his decision was inconsistent with another decision of a judge or the Court. The main issue at hand was whether Mr. Ezurike demonstrated that a review hearing by a panel is necessary to prevent an injustice. Chief Justice Wood explained that an applicant must have a "compelling" case for a review panel to be ordered and that the review panel is not an opportunity for the applicant to repeat the same arguments that were unsuccessful before the chambers judge.

Chief Justice Wood found that the arguments made by Mr. Ezurike in support of his motion for a review hearing were simply variations on the arguments previously made. No new information was provided. Also, Justice Bryson's decision demonstrated that Justice Bryson carefully considered the relevant legal principles and the circumstances at hand. Ultimately, Chief Justice Wood held that Mr. Ezurike did not demonstrate that a review hearing was required to prevent an injustice.

Garnier v Garnier, 2023 NSSC 115

Judge: Justice Theresa M Forgeron

Subject Matter: Spousal Support; Division of Pension

At a review hearing, Ms. Garnier sought continued spousal...