Nova Scotia (Attorney General) v. Annapolis (County), 1996 CanLII 5225 (NS CA)
This case was heard in the Nova Scotia Court of Appeal.
The Attorney General of Nova Scotia, acting on behalf of the provincial Minister of the Environment, sought a permanent injunction to restrain the Municipality of Annapolis County from continuing to use waste disposal facilities that had been in use for some time. The methods being used at the facilities had recently become illegal under the provincial Environment Act, and the Province had already succeeded in securing an interim injunction against their ongoing use.
The Municipality brought an Interlocutory Application Inter Partes requesting that the Court strike certain portions of the Province’s Statement of Claim, order a change of venue, and declare that certain government officials, including the Minister of the Environment, could be examined for discovery. After consideration, the Court allowed all three applications and made Orders to that effect.
The Province appealed the Order concerning discovery of government officials. After reviewing the relevant law and legal principles, the Nova Scotia Court of Appeal affirmed the lower court’s decision and dismissed the Attorney General’s appeal.
To read about this case in the Supreme Court of Nova Scotia, go to Nova Scotia (Attorney General) v. Annapolis (County Municipality), 1996 CanLII 5341 (NS SC).
View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/1996/1996canlii5225/1996canlii5225.html
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