NOVA SCOTIA COURT OF APPEAL
Citation: Doncaster v. Field, 2012 NSCA 116
Date: 20121121
Docket: CA 393423
Registry: Halifax
Between:
Ralph Ivan Doncaster
Appellant
v.
Jennifer Lynn Field
Respondent
Judges: Saunders, Oland and Beveridge, JJ.A.
Appeal Heard: November 21, 2012, in Halifax, Nova Scotia
Written Judgment: November 22, 2012
Held: Leave to appeal denied per oral reasons for judgment of the Court
Counsel: Appellant not appearing
Kenzie MacKinnon, for the respondent
By the Court: (Orally)
[1] Thank you Mr. MacKinnon for your submissions this afternoon.
[2] The record discloses that the appellant was present in court on June 28, 2012, when this case was set down for appeal, to be heard at two o’clock this afternoon.
[3] The record also reflects the several notifications and reminders communicated to the appellant that his factum was due August 10, 2012.
[4] Mr. Doncaster never applied for an extension, although the method of doing so was explained to him by the Registrar.
[5] The appellant did not file a factum on the due date, or at all.
[6] The appellant is not present at today’s hearing.
[7] We are unanimously of the view that because the appellant has failed to perfect his appeal, leave to appeal ought to be denied.
[8] Costs of $1,500.00 inclusive of disbursements are ordered payable to the respondent, forthwith.
Saunders, J.A.
Oland, J.A.
Beveridge,
J.A.