Eco Awareness Society v. Antigonish (Municipality), 2010 NSSC 461 (CanLII)

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

The Eco Awareness Society wished to apply for judicial review of a municipal decision that allowed the installation of wind turbines in Antigonish, Nova Scotia. An application for judicial review of a development permit must be made within twenty-five days from the date the decision to issue the permit is communicated to the applicant. The Eco Awareness Society filed its application twenty-six days after the decision to issue the permit was communicated to the Society, and it asked the Court to use its discretionary power to extend the deadline for application.

After reviewing the relevant law and legal principles in addition to the Society’s reasons for submitting a late application, the Court held that the application deadline should not be extended. It therefore dismissed the Society’s application for judicial review.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2010/2010nssc461/2010nssc461.html

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