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

After the Province of Nova Scotia designated an area in Lunenburg as a “beach” under the Beaches Act, several property owners brought an Originating Notice against the Attorney General of Nova Scotia, seeking various declarations that would relieve them from the limitations that the new designation had placed on their ability to develop their property. In turn, the Attorney General of Nova Scotia applied to strike portions of the plaintiffs’ affidavits, arguing that those portions were “irrelevant, frivolous, vexatious, and prejudicial to the fair hearing of the proceeding.”

After considering the affidavits, the Court held that some portions of them were irrelevant and should therefore be struck.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/1994/1994canlii4264/1994canlii4264.html

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