Williams Lake Conservation v. Chebucto Community Council, 2004 NSCA 79 (CanLII)

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

After the Chebucto Community Council of Halifax Regional Municipality (“CCC”) approved the re-zoning of a tract of land from H (Holding) to RDD (Residential Development District), the Williams Lake Conservation Company (“WLCC”) applied for judicial review of the CCC’s decision and a Court order that would quash it. Among other things, the WLCC alleged that the CCC had demonstrated a lack of procedural fairness in the way in which public consultations about the re-zoning had been carried out.

After consideration, the Court held that the CCC had not demonstrated a lack of procedural fairness, nor had it denied natural justice to the applicants. It therefore denied the WLCC’s request to have the decision quashed.

The WLCC appealed to the Nova Scotia Court of Appeal and argued, among other things, that the decision of the lower court had given rise to a reasonable apprehension of bias, as the Judge had treated the development as though it were “inevitable.” After consideration, the Court of Appeal held that the decision of the lower court did not justify a reasonable apprehension of bias. It also held that the lower court had not erred in coming to the decision that it did. The Court therefore dismissed the WLCC’s appeal.

To read about this case in the Supreme Court of Nova Scotia, go to Williams Lake Conservation v. Chebucto Community Council et al., 2003 NSSC 239 (CanLII). To read another decision related to this case, go to Williams Lake Conservation Co. v. Kimberly-Lloyd Developments Ltd., 2005 NSCA 44 (CanLII).

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/2004/2004nsca79/2004nsca79.html

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