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

Silver Sands Realty Inc. ("Silver Sands") owned a large parcel of property, which the company believed included a pond called Cow Bay Pond. When Silver Sands attempted to subdivide the property into saleable parcels that included both dry land and pond water, a local MLA suggested that Cow Bay Pond was actually Crown land, and so could not be registered and sold as the property of Silver Sands.

Silver Sands initiated legal proceedings against the Attorney General of Nova Scotia and the Registrar General of Land Titles, but in turn the Attorney General and Registrar argued that Silver Sands should not be allowed to bring its case, as the legal questions at issue had already been settled through prior court proceedings and contractual arrangements. After considering the history of the case, the Supreme Court of Nova Scotia held that not all of the legal questions had issue had been settled already, and that Silver Sands should be allowed to proceed with its case.

To read related decisions, go to:

Silver Sands Realty Ltd v Nova Scotia (Attorney General), 2007 NSSC 291 (CanLII)

Silver Sands Realty Ltd. v. Nova Scotia (Attorney General), 2007 NSSC 292 (CanLII)

Silver Sands Realty Ltd. v. Nova Scotia (Attorney General), 2007 NSSC 75 (CanLII)

Silver Sands Realty Ltd. v. Nova Scotia (Attorney General), 2010 NSCA 28 (CanLII)

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2006/2006nssc388/2006nssc388.html

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