Parker Mountain Aggregates Ltd. v. Nova Scotia (Environment), 2011 NSSC 134 (CanLII)

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

In 1999, Parker Mountain Aggregates (“Parker”) secured an approval to operate a quarry in Bloomington, Nova Scotia. When Parker applied for a renewal of that permit ten years later, the Department of Environment suspended the approval on the basis that Parker was now operating the quarry beyond the area that had originally been approved. When Parker appealed the Department’s decision, the Minister of Environment dismissed the appeal. Parker then appealed to the Supreme Court of Nova Scotia, arguing that it had been denied procedural fairness during the Minister’s decision-making processes. Parker also claimed that the Minister had erred in fact and in law.

The Court determined that the relevant standard of review was the standard of reasonableness. After considering the history of the case and the relevant law and legal principles, the Court held that the Minister’s decision was reasonable under the circumstances. It therefore dismissed Parker’s appeal.

To read about other decisions related to this case, go to Parker Mountain Aggregates Limited v. Nova Scotia (Minister of Environment), 2010 NSSC 277 (CanLII) and Parker Mountain Aggregates Ltd. v. Nova Scotia (Environment), 2012 NSSC 26 (CanLII).

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2011/2011nssc134/2011nssc134.html

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