Specter v. Nova Scotia (Fisheries and Aquaculture), 2011 NSSC 333 (CanLII)

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

The Minister of Fisheries and Aquaculture issued aquaculture licenses to Kelly Cove Salmon Ltd. Nova Scotia’s Fisheries and Coastal Resources Act makes it possible for aggrieved persons to file appeals of Departmental decisions, and the Specters filed an appeal.

After Kelly Cove Salmon Ltd. applied successfully to be added as a respondent, the company and the Minister of Fisheries brought preliminary motions to dismiss the Specters’ appeal, arguing that the Specters had not filed in time and that they lacked standing.

After considering the matter, the Court held that the Specters’ application had not been untimely under the circumstances, and it also held that the Specters had standing, as their property rights could be affected by the Minister’s decision. It therefore dismissed the respondents’ motions and held that the Specters’ appeal should be allowed to proceed.

To read related decisions, go to Specter v. Nova Scotia (Fisheries and Aquaculture), 2011 NSSC 266 (CanLII) and Specter v Nova Scotia (Fisheries and Aquaculture), 2012 NSSC 40 (CanLII).

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2011/2011nssc333/2011nssc333.html

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