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Nova Scotia Courts

Nova Scotia Court of Appeal
The Nova Scotia Court of Appeal is the highest court in the province. The Court of Appeal is generally the final court Nova Scotians can go before to have their lower court decisions appealed except in very few cases where there is a further appeal to the Supreme Court of Canada. The Court sits in Halifax and hears appeals in both civil and criminal matters. The Court also hears certain decisions from administrative tribunals. The Court of Appeal does not re-try cases, but rather reviews the record of the trial to ensure that no errors of law were made by the lower court.
Supreme Court of Nova Scotia
The Supreme Court of Nova Scotia includes the General Division and the Family Division. The Supreme Court General Division has complete jurisdiction in both civil and criminal matters arising in the Province of Nova Scotia, except in matters or cases expressly excluded by statute. The Family Division deals with all family law court and divorce matters in the Halifax Regional Municipality and Cape Breton. The Supreme Court is a court of record and is open to the public. The Supreme Court hears appeals from Provincial Court matters and Small Claims Court matters.
Provincial Court
The Provincial Court has exclusive jurisdiction over all summary offences under provincial statutes and federal acts and regulations. Judges of the Provincial Court have exclusive jurisdiction to try certain indictable offences and may hold preliminary inquiries when an accused elects trial in Supreme Court.
Family Court
The Family Court, as does the Family Division, hears issues relating to family including maintenance, custody/access, family violence and child protection matters. The Family Court is in all areas in the province except in Halifax Regional Municipality and Cape Breton where Family Division deals with these cases. The Family Court, unlike the Family Division, does not deal with divorce matters.
Small Claims Court
The Small Claims Court provides a quick, informal and cost- effective method for deciding claims up to and including $25,000 (not including interest). Small Claim Court is less formal than other courts. The case is heard by an adjudicator, not a judge. The adjudicator is a lawyer in good standing with the Nova Scotia Barristers' Society.
Probate Court and Registries
Probate Court provides for the protection of heirs, legatees and estate creditors. It provides a forum for adjudication without monetary limits and also holds the authority for the appointment of executors, administrators, appraisers and guardians in relation to all estate matters. The Court of Probate in each of the districts in Nova Scotia consists of a Judge of Probate (who is the Supreme Court Justice) and the Registrar of Probate who has the supervisory authority for the proper management and distribution of estate assets, the approval of legal fees and the setting of executors'/administrators' commissions and expenses.
Bankruptcy Court
Bankruptcy is a system that allows a debtor (someone who owes money) to be relieved of most debts by filing an assignment in bankruptcy. All the available property of the bankrupt is turned over to a Trustee who distributes the proceeds among the bankrupts' creditors in accordance with the Bankruptcy and Insolvency Act.
Additional information on all Nova Scotia Courts is listed on The Courts of Nova Scotia webpage.

 

 
 
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