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. When the issue came before the Supreme Court of Nova Scotia, the Court agreed that Cow Bay Pond is Crown land, by virtue of the provincial Water Act and Environment Act, which vest ownership of all provincial watercourses in the Province of Nova Scotia.

During the trial, the Attorney General of Nova Scotia and the Registrar General of Land Titles wished to introduce evidence prepared by a lawyer with special expertise in property law. Silver Sands objected that some of the lawyer’s evidence contained statements of opinion that should not be allowed. After considering the relevant law and legal principles, the Court held that the portions of the evidence containing statements of opinion would be excluded from the proceeding.

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 75 (CanLII)

Silver Sands Realty Ltd. v. Nova Scotia (Attorney General), 2006 NSSC 388 (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/2007/2007nssc292/2007nssc292.html

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