Homburg Canada Inc. v. Nova Scotia (Utility and Review Board), 2010 NSCA 24 (CanLII)

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

After the Halifax Regional Water Commission ordered Homburg Canada Inc. ("Homburg") to install a backflow prevention device on its commercial property, Homburg appealed the Commission’s decision. The Nova Scotia Utility and Review Board considered the Commission’s decision in a hearing, where it dismissed Homburg’s complaint. In addition to dismissing Homburg’s complaint, however, the Board also concluded that the Commission needed to use more flexibility when handling complaints like Homburg’s, and it ordered the Commission to revise its internal policies.

Both Homburg and the Commission appealed to the Nova Scotia Court of Appeal. After considering the merits of each complaint, the Court dismissed both appeals. It held that the Board had acted within its jurisdiction when dismissing Homburg’s complaints, and it also held that the Board had not acted unreasonably in ordering the Commission to revise its internal policies.

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/2010/2010nsca24/2010nsca24.html

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