Court of Appeal

                                                                             Date: 20011017

Docket No.: CA168254

                          NOVA SCOTIA COURT OF APPEAL

                               [Cite as: Boyce v. Boyce 2001 NSCA 148]

                                  Bateman, Flinn and Saunders, JJ.A.

BETWEEN:

MYRON LOVETT BOYCE

Appellant

- and -

                                   HEATHER BOYCE

Respondent

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REASONS FOR JUDGMENT

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Counsel:                          James MacNeil for the appellant

Kathleen J. Hall for the respondent

Appeal Heard:                  October 17, 2001

Judgment Delivered:         October l7, 2001

THE COURT:                 Appeal dismissed per oral reasons for judgment of Flinn, J.A.; Bateman and Saunders, JJ.A. concurring.

FLINN, J.A. (Orally):

[1]              This appeal is from a decision of Justice Legere of the Supreme Court (Family Division) in which she refused to confirm a provisional order of the Supreme Court of Prince Edward Island relieving the appellant from paying child support; and, in addition, varied the provisional order by fixing the amount of arrears of child support and ordering the appellant to contribute to the costs of the child’s education.

[2]              Having heard the submissions of counsel for the appellant we are not satisfied that there is any basis upon which this court should interfere with Justice Legere’s decision and order.

[3]               The appeal is therefore dismissed.  The appellant will pay to the respondent her costs of this appeal in the amount of $1,500.00 inclusive of disbursements.

Flinn, J.A.

Concurred in:

Bateman, J.A.

Saunders, J.A.