Supreme Court

Decision Information

Irwin v. Irwin

Court Supreme Court
Date 2018-03-09
Citation 2018 NSSC 48
Docket 1201-066753
Judge/Registrar/Adjudicator O'Neil, Lawrence I. (Honourable Associate Chief Justice, Family Division)
Document Type Library Sheet
Relations Decision - Irwin v. Irwin - 2018 NSSC 48 - 2018-03-09 - Decision

Decision Content

SUPREME COURT OF NOVA SCOTIA

(Family Division)

Citation: Irwin v. Irwin, 2018 NSSC 48

                                                           

 

Date: 20180309

Docket: 1201-066753

Registry: Halifax

 

 

Between:

 

Gerald Scott Irwin

Petitioner

and

 

Kimberly Joan Irwin

Respondent

 

LIBRARY HEADING

Judge:                           The Honourable Associate Chief Justice Lawrence I. O’Neil

 

Hearing:                        November 29, 2017 and February 21, 2018, in Halifax, Nova Scotia

 

Issues:                           Should parts of the Respondent’s affidavit be struck as required by Rule 39?, Rule 5? and Rule 59.

 

Summary:                      The Court struck some sentences and paragraphs as irrelevant.  Other paragraphs were not struck because they were relevant and/or were evidence of the state of belief of Ms. Irwin.

 

Keywords:                     Relevance; hearsay.                                 

 

Legislation:                  Civil Procedure Rules, Rule 39; Rule 5.17; and Rule 59.40

 

Cases Considered:     Moore v. Moore, 2013 NSSC 175

Waverly (Village Commissioners v. Nova Scotia (Minister of Municipal Affairs) [1993] N.S.J. 151

Halifax (Regional Municipality) v. Nova Scotia Union of Public and Private Employees, Local 13, 2009 N.S.J. 61, 2009 NSCA 18

           

 

 

 

 

 

 

 

 

 

 

 

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