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

The plaintiffs in this case were owners or occupiers of lands next to Lake Ainslie in Inverness County, Nova Scotia. The Municipality operated a landfill site near the lake, and the plaintiffs claimed that the Municipality had made a contractual obligation to close the site. Because the site was still operating, the plaintiffs initiated an action against the Municipality, claiming breach of contract or, in the alternative, that the Municipality should be estopped from operating the site because it had made a promise that the plaintiffs had relied upon to their detriment. The plaintiffs also sought an injunction restraining further use of the site.

After consideration, the Court held that there were no grounds upon which the plaintiffs could argue breach of contract, as the Municipality had not bound itself to any contractual obligation to close the site. The Court also held that there were no grounds upon which the plaintiffs could rely on the doctrine of estoppel to prevent the site from being used. The plaintiffs’ claim and application were therefore dismissed.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/1990/1990canlii4119/1990canlii4119.html

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