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
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.