IN THE FAMILY COURT OF NOVA SCOTIA
Citation: Nova Scotia (Community Services) v. J.R.., 2011 NSFC 13
Date: 20110524
Docket: FAN CFSA 073062
Registry: Yarmouth
Between:
Minister of Community Services
Applicant
v.
J.R. and S.D.
Defendant
LIBRARY HEADING
Judge: JOHN D. COMEAU, FAMILY COURT OF NOVA SCOTIA
Heard: Comeauville, May 12, 201 and Digby May 17, 2011
Decision: May 25, 2011
Issue: Recall of an expert witness
Summary: The Minister called an expert witness to testify as to his written parental assessment. The witness was examined, cross-examined and withdrew. Prior to closing the case for the Minister, counsel requested the permission of the Court to recall the witness to enter and be examined on a report he was completing on the Respondent J.R.’s boyfriend. The Respondent’s plan of care indicated this person would be in daily contact with the children if they were returned to her care.
Result: The Family Court Rules defaulted to the C.P. Rules which provided the Court with discretion to recall a witness. In arriving at its decision to allow recall, the Court referred to the best interests of the children and the decision of Griffi v Lee 2007 CAN II 12704 (Ont. S.C.)
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.