Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: Nova Scotia Court of Appeal

NSCA Considers First-Ever Ministerial Order Vesting a Mining Company with Title to Private Land

Posted in Administrative, Case Comments, Construction and Real Estate, Municipal

The Nova Scotia Court of Appeal recently addressed what the government must do to ensure a fair process takes place before making an order transferring private land to a mining company. In Higgins v Nova Scotia (Attorney General), 2013 NSCA 106, the Court considered the first vesting order made by the Minister of Natural Resources… → Read More

Can Civil Procedure Rules Limit Inherent Jurisdiction?

Posted in Case Comments, Procedure

This was an appeal by Burton Canada Company (“Burton”) of the decision of the Chambers Judge, Justice Gregory M. Warner, dismissing Burton’s application for summary judgment. The decision of Justice Warner was upheld, and the appeal dismissed. This decision may have far-reaching implications, as the majority of the Nova Scotia Court of Appeal holds that… → Read More

Toward an Even Playing Field: The Supreme Court of Canada to Rule on Disclosure of Amounts in Pierringer Settlements Prior to Trial

Posted in Case Comments, Construction and Real Estate, Procedure

The Supreme Court has granted leave to appeal in a case that may elucidate the scope of discovery under Nova Scotia’s “semblance of relevance” test, in addition to the scope of settlement privilege and the entitlement of non-settling parties to know the settlement amounts under a Pierringer agreement in advance of the trial.