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

After the Halifax Regional Municipality decided not to approve a development permit submitted by Northern Construction Enterprises Inc. (“Northern”), Northern appealed to the Nova Scotia Utility and Review Board ("UARB"). Eighty residents of the area where Northern wished to develop a quarry applied for intervenor status in the appeal, but the UARB denied their application. Twenty-seven of those residents then appealed the UARB’s decision in the Nova Scotia Court of Appeal, and they also brought a motion for a stay that would prevent Northern’s appeal to the UARB from going forward before their own appeal was decided.

The Court determined that a stay should only be granted if the applicants could prove that they would suffer irreparable harm without it. After considering the applicants’ submissions, the Court held that they had failed to prove that that they would suffer irreparable harm if the stay was not granted, and so it denied their application.

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/2012/2012nsca123/2012nsca123.html

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