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.
40850
Kelsey Green v. Heidi Green
(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) |
|---|---|---|
| 2024-02-23 | Close file on Leave | |
| 2024-02-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-22 | Judgment on leave sent to the parties | |
| 2024-02-22 |
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 516672, 2023 NSCA 38, dated May 19, 2023, is dismissed. Dismissed |
|
| 2024-01-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-20 | Certificate (on limitations to public access), (Letter Form), Modified version required, (Printed version due on 2023-11-27) | Kelsey Green |
| 2023-10-26 | Letter and notice pursuant to Rule 64 sent to, All parties | |
| 2023-08-23 | Letter advising parties of an incomplete application for leave to appeal | |
| 2023-08-17 |
Correspondence received from, Accommodation request |
Kelsey Green |
| 2023-08-17 |
Application for leave to appeal, (Book Form), Missing: - amended notice of application (Rec'd 2023-11-20) - Proof of service (Rec'd 2023-11-20) - Modified Public access to information - Filing fee (Rec'd 2023-11-28), Completed on: 2024-01-23, (Printed version due on 2023-08-24) |
Kelsey Green |
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 |
|---|---|---|
| Green, Kelsey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Green, Heidi | Respondent | Active |
Counsel
Party: Green, Kelsey
This party is not represented by counsel.
Party: Green, Heidi
This party is not represented by counsel.
Summary
Keywords
Family law — Custody — Variation — Trial judge varying existing parenting order — Court of Appeal refusing to admit fresh evidence and finding no error in trial judge’s order — Whether the courts below committed errors –— Whether the applicant raises an issue of public importance.
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 parties are divorced spouses and the parents of three children. The Supreme Court of Nova Scotia (“NSSC”) previously issued a divorce order in which it determined that the best interests of the children would be served in the primary care of the respondent, with specified access to the applicant. It ordered the parties and the children to participate in therapy, with defined and specified goals, so that it could review the parenting plan thereafter. The NSSC’s review hearing also addressed the respondent’s application to vary the provisions of the parenting order. The NSSC found that the respondent and the children successfully completed the court ordered therapy while the applicant elected not to do so. It concluded it was necessary to vary many of the provisions of the parenting order in the best interests of the children. It further restricted the applicant’s parenting time. The Nova Scotia Court of Appeal dismissed the applicant’s motion to admit fresh evidence. It dismissed the appeal.
Lower court rulings
Motion to admit fresh evidence dismissed; appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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