Stevens v. Stevens

canada, canadian, case law, court opinion, canlii, nsca, 2026nsca50, 2026 nsca 50 (canlii), 2026, nsca, 50, (canlii), ca 553500, 2026, family, parenting time, consent interim order, enforceability dispute between separated parents, interim parenting schedule filed for issuance, later opposed based on misunderstanding, court of appeal directed that the executed consent interim order govern on an interim basis, matter remitted to a different judge to hear enforceability, appeal allowed, procedure, procedural fairness, natural justice, right to be heard, whether judge breached audi alteram partem by refusing a hearing, decision made on unilateral representations of one lawyer, denial of a fair hearing renders decision invalid regardless of prejudice, cardinal v. director of kent institution, matter remitted for hearing, evidence, appeal, fresh evidence, validity of process, whether fresh evidence admissible where directed to trial process and original remedy, palmer test held inapplicable, r. v. wolkins applied, appellant’s affidavit found credible and sufficient, respondent’s affidavits went to merits not before court, fresh evidence admitted in part, procedure, consent orders, judicial discretion, whether judge could decline to issue consent interim order without receiving evidence, discretion to refuse consent order cannot be exercised without hearing parties on enforceability, court declined to speculate how discretion would have been exercised on disputed evidence, decision set aside, matter remitted, family, best interests of the child, natural justice in family proceedings, whether best interests justify upholding refusal to schedule enforceability hearing, parenting and support act and civil procedure rules do not oust natural justice, williams v. williams, best interests may shape content of hearing right but did not preclude a hearing on these facts, notice of contention dismissed