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

Amherst Sod Limited held a permit to spread sludge on lands on the Amherst Marsh in Cumberland County, where the sludge was used in the cultivation of sod. Demolition Resources Limited (“DRL”) had a contract to remove such sludge from the Aerotech Industrial Park in Halifax, and it arranged with Amherst Sod to spread the sludge on the Amherst Marsh.

After the Department of Environment suspended Amherst Sod’s approval to spread sludge, DRL attempted to appeal the decision by way of section 137 of Nova Scotia’s Environment Act, which allows aggrieved persons to appeal administrative decisions to the Minister of Environment. The Minister dismissed the appeal after determining that DRL was not a “person aggrieved” under the Act. DRL then appealed to the Supreme Court of Nova Scotia, which held that DRL was a “person aggrieved,” and that the Minister had erred in deciding not to review the decision that DRL had appealed.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2004/2004nssc245/2004nssc245.html

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