Case information
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36204
Thomas Percy Tupper v. Nova Scotia Barristers' Society, et al.
(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) |
|---|---|---|
| 2015-03-03 | Close file on Leave | |
| 2015-02-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-02-27 | Judgment on leave sent to the parties | |
| 2015-02-26 |
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 421412, 2014 NSCA 90, dated October 2, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2015-02-02 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2015-01-19 | Applicant's reply to respondent's argument, (Book Form), Proof of service missing. Received 2015-01-20., Completed on: 2015-01-20 | Thomas Percy Tupper |
| 2015-01-13 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-01-16) | Attorney General of Nova Scotia |
| 2015-01-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-01-13, (Electronic version filed on 2015-01-16) | Attorney General of Nova Scotia |
| 2015-01-12 | Notice of name, (Included in the respondent's response on the application for leave to appeal) | Nova Scotia Barristers' Society |
| 2015-01-12 | Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) | Nova Scotia Barristers' Society |
| 2015-01-12 | Book of authorities, (Book Form), (Electronic version filed on 2015-01-12) | Nova Scotia Barristers' Society |
| 2015-01-12 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service to come. received 2015-01-16., Completed on: 2015-01-16, (Electronic version filed on 2015-01-13) | Nova Scotia Barristers' Society |
| 2014-12-12 | Correspondence (sent by the Court) to, Applicant stating the file is open. | |
| 2014-12-02 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2014-12-12. | |
| 2014-12-01 | Correspondence received from, (Letter Form), Fee waiver received from the applicant. Granted 2014-12-12. | Thomas Percy Tupper |
| 2014-12-01 | Certificate (on limitations to public access), (Letter Form) | Thomas Percy Tupper |
| 2014-12-01 | Application for leave to appeal, (Book Form), Completed on: 2014-12-01 | Thomas Percy Tupper |
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 |
|---|---|---|
| Tupper, Thomas Percy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nova Scotia Barristers' Society | Respondent | Active |
| Attorney General of Nova Scotia | Respondent | Active |
Counsel
Party: Tupper, Thomas Percy
This party is not represented by counsel.
Party: Nova Scotia Barristers' Society
Counsel
1463 South Park Street
Suite 201 - PO Box 36036
Halifax, Nova Scotia
B3J 3S9
Telephone: (902) 423-7777
FAX: (902) 423-9588
Email: rlarkin@pinklarkin.com
Party: Attorney General of Nova Scotia
Counsel
1690 Hollis Street, 8th Floor
PO Box 7, Stn. Central
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5161
FAX: (902) 424-1730
Email: eddyda@gov.ns.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
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.
Appeals – Motion for extension of time to bring application for judicial review – Whether application for leave raises an issue of national importance.
In 1985, the Applicant was ordered to pay non-pecuniary general damages to a plaintiff after a trial involving a motor vehicle accident. He has since been involved in numerous lawsuits based on allegations that all concerned were involved in an insurance fraud conspiracy against him, in this case past and current members of the Nova Scotia Barristers’ Society. His complaint was dismissed by the Nova Scotia Barristers’ Society, and the complaint’s dismissal was upheld by a review committee on February 21, 2012.
The Applicant was subsequently informed that he did not have a right to appeal in the circumstances and that his only option would be an application for judicial review. The Applicant nonetheless appealed to the Nova Scotia Court of Appeal on grounds that the absence of a right to appeal was unconstitutional. The Court of Appeal concluded that the constitutional argument was without merit and dismissed the appeal for lack of jurisdiction. The Applicant’s application for leave to appeal the Court of Appeal’s decision to this Court was denied on June 27, 2013.
On July 16, 2013, the Applicant filed a motion requesting an extension of time to file an application for judicial review of the February 21, 2012 decision at issue.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
Hfx No. 417636, 2013 NSSC 290
Motion for extension of time to bring application for judicial review denied.
Nova Scotia Court of Appeal
CA 421412, 2014 NSCA 90
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