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41601

S.N. v. M.J.B.R.G.

(New Brunswick) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-05-09 Close file on Leave
2025-05-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-05-08 Judgment on leave sent to the parties
2025-05-08 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 Court of Appeal of New Brunswick, Number CA 131-23, 2024 NBCA 66, dated April 25, 2024, is dismissed with costs.
Dismissed, with costs
2025-05-08 Decision on motion to extend time to file and /or serve the leave application, See judgment on application
Granted
2025-03-24 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-03-24 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2025-01-29 Certificate (on limitations to public access) M.J.B.R.G.
2025-01-27 Respondent's response on the application for leave to appeal, (Book Form), PUB-BAN

Missing:

- proof of service (Rec'd 01-29-2025)
- 23A (Rec'd 01-29-2025)
-23B, Completed on: 2025-03-25, (Printed version filed on 2025-01-29)
M.J.B.R.G.
2025-01-16 Correspondence (sent by the Court) to, All parties, assuming jurisdiction
2025-01-08 Lower court order - e-filing, 131-23-CA S.N.
2024-12-18 Letter acknowledging receipt of an incomplete application for leave to appeal
2024-11-29 Certificate (on limitations to public access), (Included in the application for leave to appeal), public access to info S.N.
2024-11-29 Supplemental document S.N.
2024-11-29 Affidavit S.N.
2024-11-29 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-11-29 S.N.
2024-11-29 Application for leave to appeal, (Book Form), PUB-BAN

Missing:

- CA Orders (Rec'd 01-08-2025), Completed on: 2025-01-16
S.N.

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

Main parties - Appellants
Name Role Status
S.N. Applicant Active

v.

Main parties - Respondents
Name Role Status
M.J.B.R.G. Respondent Active

Counsel

Party: S.N.

This party is not represented by counsel.

Party: M.J.B.R.G.

This party is not represented by counsel.

Summary

Keywords

Civil procedure — Affidavits — Striking — Appeals — Interlocutory decision — Whether lower courts acted unjustly toward applicant — Whether Court of Appeal erred in denying leave to appeal from interlocutory decision — Whether application for leave to appeal raises question 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.

(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY)

The parties had been involved in divorce proceedings since 2021. Several affidavits were filed by both sides in the course of the proceedings. During the trial in May 2023, the court struck certain paragraphs of the applicant’s affidavits on the application of the respondent. The trial continued in November 2023. The applicant then made certain applications to the court, including an application to revisit some of the striking done in May. Blais J. of the Court of King’s Bench dismissed the applicant’s applications. LeBlond J.A. of the Court of Appeal denied leave to appeal from Blais J.’s interlocutory decision, and a three judge panel of the Court of Appeal declared that the respondent’s motion to dismiss the appeal had become moot in light of LeBlond J.A.’s decision.

Lower court rulings

April 25, 2024
Court of Appeal of New Brunswick

2024 NBCA 66 (French only)

Applicant’s motion for leave to appeal from interlocutory decision dismissed with costs

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

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

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

Webcasts

Not available.

Date modified: 2025-05-10