Court of Appeal

Decision Information

Decision Content

NOVA SCOTIA COURT OF APPEAL

Citation: El Qaoud v. Orabi, 2004 NSCA 104

 

Date: 20040902

Docket: CA 220670

Registry: Halifax

 

 

Between:

Bashar Kayed El Qaoud

Appellant

v.

 

Nashwa Orabi

Respondent

 

 

Judge:                            Cromwell, J.A.

 

Application Heard:        September 2, 2004, in Halifax, Nova Scotia, In Chambers

 

Written Decision: September 2, 2004

 

Held:                    Application dismissed.             

 

Counsel:                         Appellant in person

Lee Mitchell, for the respondent

 


Decision:     (Orally)

 

[1]              This is an application by Mr.  El Qaoud for a stay of proceedings pending his appeal.

 

[2]              There are ongoing proceedings in the Family Division of the Supreme Court in which Ms.  Orabi seeks child and spousal support under the Maintenance and Custody Act, R.S.N.S. 1989, c.  160 and exclusive possession and unequal division of what she says is the matrimonial home under the Matrimonial Property Act, R.S.N.S. 1989, c.  275.  In those proceedings, a preliminary issue of law arose as to whether the parties had been divorced in Jordan.  That issue ultimately went before  Coady, J. who, in the decision now under appeal, held that the Jordanian judgment would not be recognized in Canada for the purposes of determining the parties matrimonial status.

 

[3]              Mr.  El Qaoud has appealed the order of Coady, J.  and now applies for a stay of proceedings, asking in effect that further proceedings in the Family Division be put on hold until the appeal is heard.

 

[4]              Assuming without deciding that I have the authority to make such an order, I refuse to do so.  Until the Family Division proceedings in relation to the support and property issues have been concluded, Mr.  El Qaouds assets are not at risk.  Any order with respect to property or support that may be made in the Family Division will be subject to an appeal and to Mr.  El Qaouds ability to apply for a stay pending appeal at that time if so advised. 

 

[5]              Whether or not proceedings in the Family Division should go ahead in these circumstances is better left to the presiding judge in that court who, of course, has a discretion as to whether to adjourn those proceedings or not.  It would not, in my opinion, be appropriate for an appellate court such as this to intervene at this stage of the proceedings.

 

[6]              The application is, therefore, dismissed but in the circumstances without costs.

 

 

 

 

Cromwell, J.A.

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