Paradise (Town Council) v. Newfoundland and Labrador (Eastern Regional Appeal Board), 2010 NLTD 116 (CanLII)

This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).

After the Town Council of the Town of Paradise denied a development application by PowerLane Properties Limited (“Powerlane"), the Eastern Newfoundland Regional Appeal Board (“ENRAB”) overturned the Town Council’s decision and declared that a permit should be issued.

The Town Council appealed to the Supreme Court of Newfoundland and Labrador, which began by determining that ENRAB’s interpretation and application of the law and its own jurisdiction should be held to the standard of correctness. The Court then found that the ENRAB had erred in law and exceeded its jurisdiction by overturning the Town Council’s decision, and it remitted the matter to the Board for reconsideration.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/2010/2010nltd116/2010nltd116.html

Disclaimer:
Case briefs in our Resource Library are drafted by law students who work or volunteer with East Coast Environmental Law, and East Coast Environmental Law does not guarantee their fullness or accuracy. Library users should not rely on case briefs as comprehensive accounts of the issues, facts, reasoning, or outcomes at stake in any given case. 

If you require more detailed information about a court decision or legal issue, please consider using our Environmental Law Inquiry Service to request information from our staff.