CASE NO. VOL. NO. PAGE
MELINDA COOK - and - DANA ANDREW TENCH
Appellant Respondent
CA 174980 Halifax Roscoe, J.A.
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[Cite as: Cook v. Tench, 2002 NSCA 17]
APPEAL HEARD: January 25, 2002
JUDGMENT DELIVERED: January 31, 2002
SUBJECT: FAMILY LAW, INTERIM CUSTODY, INTERLOCUTORY APPEAL, FRESH EVIDENCE
SUMMARY: The respondent father’s application for “interim interim” custody was granted by a judge of the Family Division after a brief hearing. The matter was adjourned for a few weeks but on that date it was further adjourned for several months. The mother appealed and sought the introduction of fresh evidence.
ISSUES: Whether the Court of Appeal should correct procedural irregularities, hear new evidence and intervene in the Family Division matter.
RESULT: Appeal dismissed. The fresh application was dismissed. The appellant has not shown that there was an error of the type required to upset an interim order.
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