Brighton v. Nova Scotia, 2002 NSSC 160 (CanLII)

This case was heard in the Supreme Court of Nova Scotia.

In 2001, Nova Scotia’s Minister of Agriculture and Fisheries approved an application by Aquafish Technology Inc. to develop a fish farm in Northwest Cove. Provisions in Nova Scotia’s Fisheries and Coastal Resources Act made it possible for aggrieved parties to appeal the Minister’s decision in the Supreme Court of Nova Scotia. When a group of concerned citizens appealed to the Court as aggrieved parties, the Court determined that the appropriate standard by which to review the Minister’s decision was “at least reasonableness simpliciter if not patent unreasonableness.” In other words, the Court held that it should show considerable deference to the Minister when evaluating the Minister’s decision.

After evaluating the Minister’s decision, the Court held that it was not unreasonable, as it was neither arbitrary nor made in bad faith. The appellants’ appeal was therefore dismissed.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2002/2002nssc160/2002nssc160.html

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