Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35943
Ralph Ivan Doncaster v. Jennifer Lynn Field
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-02-04 | Close file on Leave | |
| 2015-02-04 | Certificate of taxation issued to, Ms. Janet M. Stevenson | |
| 2015-02-04 | Decision on the bill of costs, in the amount of $1,262.62, DeRg | |
| 2015-02-04 | Submission of the bill of costs, DeRg | |
| 2014-11-04 | Bill of costs, Completed on: 2014-11-04 | Jennifer Lynn Field |
| 2014-10-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-10 | Judgment on leave sent to the parties | |
| 2014-10-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 413485, 2014 NSCA 39, dated April 15, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-09-15 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-09-02 | Correspondence received from, J. Stevenson, Re: receipt of applicant's reply | Jennifer Lynn Field |
| 2014-08-28 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-08-28 | Ralph Ivan Doncaster |
| 2014-08-15 | Certificate (on limitations to public access) | Jennifer Lynn Field |
| 2014-08-15 | Respondent's response on the application for leave to appeal, service missing (rec'd August 19, 2014), Completed on: 2014-08-19 | Jennifer Lynn Field |
| 2014-06-17 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-06-17 | |
| 2014-06-16 | Certificate (on limitations to public access) | Ralph Ivan Doncaster |
| 2014-06-13 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2014-06-13 | Application for leave to appeal, Filing fees missing - Rec'd on 2014-07-18, Completed on: 2014-07-21 | Ralph Ivan Doncaster |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Doncaster, Ralph Ivan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Field, Jennifer Lynn | Respondent | Active |
Counsel
Party: Doncaster, Ralph Ivan
This party is not represented by counsel.
Party: Field, Jennifer Lynn
Counsel
4th Floor, 1684 Barrington Street
P.O. Box 547, Station Central
Halifax, Nova Scotia
B3J 2R7
Telephone: (902) 423-9143
FAX: (902) 422-7837
Email: jstevenson@lawmbs.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter of Rights and Freedoms – Discrimination – Family law – Custody – Courts – Reasonable Apprehension of Bias – Whether judge determining custody and access was tainted by having presided over previous appeal from a peace bond – Whether applicant’s disabilities were properly considered when determining bests interests of children – Whether courts correctly applied s. 16(9) of Divorce Act, R.S.C. 1985, c. 3 (2nd Supp) with respect to past conduct – Whether courts correctly applied maximum contact principle.
After Mr. Doncaster and Ms. Field separated in 2011, they commenced shared custody of their children. In March 2012, based on events in early 2012, the Supreme Court of Nova Scotia (Family Division) granted interim sole custody to Ms. Fields and denied access to Mr. Doncaster. In March, 2013, Mr. Doncaster unsuccessfully sought to re-gain access and shared custody.
Lower court rulings
Supreme Court of Nova Scotia (Family Division)
Tru: 1207-003679, 2013 NSSC 85
Applicant’s spouse granted interim sole custody over four children, Applicant denied access to children except in accordance with reasons, Applicant required to undertake treatment, Limited written communication with children through counsellors permitted upon compliance with conditions
Nova Scotia Court of Appeal
CA 413485, 2014 NSCA 39
Fresh evidence motion and Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available