Village Commissioners of Waverley v. Nova Scotia (Minister of Municipal Affairs), 1994 CanLII 4136 (NS CA)
This case was heard in the Nova Scotia Court of Appeal.
In August 1992, the Acting Minister of Municipal Affairs designated an area in Waverley, Nova Scotia in which no municipal development permit would be required in order for Tidewater Construction Company Limited (“Tidewater”) to develop and operate a rock quarry. For some time, Tidewater had been attempting to secure permission to develop a rock quarry in the area but had been unable to get a permit to do so.
Along with several residents of the area, the Village Commissioners of Waverley applied for a Court Order that would quash the Acting Minister’s decision.
In two separate decisions, the Supreme Court of Nova Scotia determined what materials could be included in the record and struck notices for the discovery of the Acting Minister and two other government officials. The Commissioners and residents appealed both of those decisions in the Nova Scotia Court of Appeal. There, the Court held that the lower court had not erred in either of its decisions, and it dismissed the appellants’ appeal.
To read related decisions, go to Waverley (Village Commissioners) v. Nova Scotia (Minister of Municipal Affairs), 1993 CanLII 3403 (NS SC) and Village Commissioners of Waverley v. Nova Scotia (Attorney General), 1993 CanLII 4581 (NS SC).
View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/1994/1994canlii4136/1994canlii4136.html
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