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.
41800
D.P. v. S.M.M.B.
(New Brunswick) (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) |
|---|---|---|
| 2025-10-29 | Close file on Leave | |
| 2025-10-28 | Correspondence (sent by the Court) to, all parties: RE: Certificate of Taxation | |
| 2025-10-28 | Certificate of taxation issued to | |
| 2025-10-28 | Decision on the bill of costs, in the amount of $827.60, Reg | |
| 2025-10-28 | Submission of the bill of costs, Reg | |
| 2025-09-18 |
Bill of costs, Missing: proof of service : Rec'd Oct. 8, 2025 UNDER REVIEW, Completed on: 2025-10-09 |
S.M.M.B. |
| 2025-08-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-08-21 | Judgment on leave sent to the parties | |
| 2025-08-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 114-23-CA, 2025 NBCA 49, dated April 10, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-07-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-06-16) | S.M.M.B. |
| 2025-06-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-16) | S.M.M.B. |
| 2025-06-10 | Supplemental document, (Book Form), (Included in the respondent's response on the application for leave to appeal), 24B , (Printed version filed on 2025-06-16) | S.M.M.B. |
| 2025-06-10 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of Service (Received June 10, 2025) , Completed on: 2025-06-11, (Printed version filed on 2025-06-16) |
S.M.M.B. |
| 2025-05-12 |
Lower court order - e-filing, (Letter Form), Missing Proof of service (rec'd 2025-07-16), (Printed version filed on 2025-05-22) |
D.P. |
| 2025-05-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-05-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-05-08) | D.P. |
| 2025-05-06 |
Application for leave to appeal, (Book Form), Missing Signed CA Judgment & Orders (Rec'd 2025-05-13) , Completed on: 2025-05-20, (Printed version filed on 2025-05-08) |
D.P. |
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 |
|---|---|---|
| D.P. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| S.M.M.B. | Respondent | Active |
Counsel
Party: D.P.
Counsel
20 Norkotah Crescent
Florenceville-Bristol, New Brunswick
E7L 0A4
Telephone: (506) 703-4821
FAX: (506) 703-4818
Email: jonathan@jmartinlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: S.M.M.B.
Counsel
23 Avonlea Ct
Fredericton, New Brunswick
E3C 1N8
Telephone: (506) 406-8080
FAX: (506) 406-6300
Email: jennifer@jdonovanlaw.ca
Summary
Keywords
Family law – Change of residence – Best interest of child – Whether Court of Appeal erred in law in failing to find that trial judge was biased – Whether Court of Appeal erred in law by providing confusing and contradictory legal guidance on how family courts are to evaluate the parenting of parents with physical disabilities – Whether Court of Appeal erred in relocation analysis.
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 parents are living in New Brunswick. The child was born in December 2021, and the parents separated in November 2022. The mother, the respondent, a medical radiation technologist in the Canadian Armed Forces, sought to move in order to enrol in an ultrasound technology program and be closer to her family in Québec. The father, the applicant, is a quadriplegic following a 2022 accident. He opposed the relocation, citing his ability to parent with assistance and his established support system in New Brunswick. The judge ordered an interim, then a final order permitting the mother to relocate to Québec with the child and awarded her $12,000 in costs. The applicant’s parenting time was determined. The Court of Appeal dismissed the relocation and parenting time appeal, but allowed the costs appeal.
Lower court rulings
Court of King's Bench of New Brunswick
2023 NBKB 178, FDF-33-2023
Relocation of child allowed; parenting time to
applicant determined; costs of $12,000 awarded to respondent
Relocation and parenting time appeal dismissed; appeal of costs allowed to reduce the amount from $12,000 to $6,000
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