NO LIBRARY SHEET
Date: 19991124
Docket No: C.A. 156818
NOVA SCOTIA COURT OF APPEAL
Glube, C.J.N.S.; Hallett and Pugsley, JJ.A.
[Cite as: Beals v. Smith, 1999 NSCA 148]
BETWEEN:
DENISE BEALS ) Lola Gilmer
) for the Appellant
Appellant )
- and - )
) Ronald Lacey
) for the Respondent
ARLINGTON POPUIS SMITH )
)
Respondent ) Appeal Heard:
) November 24, 1999
)
)
) Judgment Delivered:
) November 24, 1999
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)
)
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THE COURT: Appeal allowed without costs, per oral reasons for judgment of Glube, C.J.N.S.; Hallett and Pugsley, JJ.A.
BY THE COURT:
[1] We are satisfied the trial judge erred in finding that there was a material change in circumstances between the date of the consent order on October 2, 1998 and the date of the hearing of the application to vary on May 20, 1999.
[2] Accordingly, the appeal is allowed without costs.
Constance R. Glube, C.J.N.S.
J. Doane Hallett, J.A.
Ronald N. Pugsley, J.A.