Case information
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40665
Gale Stanton v. Kaitlin (Stanton) Inglis, 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) |
|---|---|---|
| 2023-07-25 | Close file on Leave | |
| 2023-07-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-07-20 | Judgment on leave sent to the parties | |
| 2023-07-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 510624, 2022 NSCA 60, dated October 18, 2022, is dismissed. Dismissed |
|
| 2023-07-20 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application Granted |
|
| 2023-06-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-06-12 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-05-08 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2023-05-15) | Kaitlin (Stanton) Inglis |
| 2023-04-05 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-05-03, (Printed version filed on 2023-04-11) | Gale Stanton |
| 2023-04-05 | Certificate (on limitations to public access), Form 23A for self-rep, (Printed version filed on 2023-04-11) | Gale Stanton |
| 2023-04-03 |
Respondent's response on the application for leave to appeal, (Letter Form), JOINT RESPONSE Missing: -Electronic version (rec'd 2023-05-08) - Form 23A (rec'd 2023-05-08), Completed on: 2023-05-09, (Electronic version due on 2023-04-12) |
Kaitlin (Stanton) Inglis |
| 2023-03-31 | Letter advising parties of an incomplete application for leave to appeal, File opened March 31st 2023 | |
| 2023-03-13 | Supplemental document, (Book Form), (4 volumes), Lower court documents, (Printed version filed on 2023-03-13) | Gale Stanton |
| 2023-03-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-03-31, (Printed version filed on 2023-03-13) | Gale Stanton |
| 2023-03-13 |
Application for leave to appeal, (Book Form), (2 volumes), -Missing a signed amended notice of application (received an amended application document, rec'd on 05-04-2023 but notice is still not signed) -Public Access to Information Form (received on April 5th 2023), Completed on: 2023-05-10, (Printed version filed on 2023-03-13) |
Gale Stanton |
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 |
|---|---|---|
| Stanton, Gale | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Inglis, Kaitlin (Stanton) | Respondent | Active |
| Leavitt, Reginald | Respondent | Active |
Counsel
Party: Stanton, Gale
This party is not represented by counsel.
Party: Inglis, Kaitlin (Stanton)
Counsel
Annapolis Royal, Nova Scotia
B0S 1A0
Telephone: (902) 532-2311
Email: david.baker@nslegalaid.ca
Party: Leavitt, Reginald
Counsel
Annapolis Royal, Nova Scotia
B0S 1A0
Telephone: (902) 532-2311
Email: david.baker@nslegalaid.ca
Summary
Keywords
Family law — Custody — Reasonable apprehension of bias — Applicant seeking custody of grandchildren — Application to seek leave to apply for primary parenting care dismissed, based on best interests of children — Court of Appeal dismissing applicant’s appeal — Whether application judge demonstrated reasonable apprehension of bias towards applicant, causing miscarriage of justice — Whether Court of Appeal failed to acknowledge application judge’s bias and failed to act accordingly — Whether Court of Appeal failed to acknowledge material evidence in the record — Parenting and Support Act, R.S.N.S. 1989, c. 160, s. 18(1).
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.
The applicant, Gale Stanton, sought leave to apply for the primary care and parenting of her three grandchildren. Her application pursuant to s. 18(1) of the Parenting and Support Act, R.S.N.S. 1989, c. 160, was opposed by the children’s parents, the respondents — i.e., Ms. Stanton’s daughter Kaitlin (Stanton) Inglis, and Reginald Leavitt.
The application judge denied Ms. Stanton leave to apply for custody of the children, finding that such an arrangement would not be in their best interests. The Court of Appeal unanimously dismissed Ms. Stanton’s appeal from the application judge’s decision.
Lower court rulings
Family Court of Nova Scotia
SFARSPA- 121688
Applicant’s application for leave to apply for custody of her grandchildren — dismissed
Nova Scotia Court of Appeal
2022 NSCA 60, CA 510624
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