Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39594
Annapolis Group Inc. v. Halifax Regional Municipality
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-10-27 | Appeal closed | |
| 2022-10-21 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 495116, 2021 NSCA 3, dated January 7, 2021, heard on February 16, 2022, is allowed with costs throughout. The Court of Appeal’s order is set aside and the motion judge’s order dismissing the respondent’s motion for partial summary judgment is restored. Karakatsanis, Martin, Kasirer and Jamal JJ. dissent. Allowed, with costs |
|
| 2022-10-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-10-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-07-13 | Notice of change of counsel, (Letter Form), Take notice that counsel for the Intervener, Canadian Home Builders' Association, has undergone a firm name and address change. The firm formerly known as Rayman Beichtman LLP is now Rayman Harris LLP and is located at 250 The Esplanade, Suite 202, Toronto, ON M5A 1J2. All other contact information remains the same, as does counsel of record. , (Printed version due on 2022-07-20) | Canadian Home Builders' Association |
| 2022-03-11 |
Transcript received, 113 Pages required: paper copies (rec'd 2022-03-25 / reçu 2022-03-25) |
|
| 2022-02-16 | Judgment reserved OR rendered with reasons to follow | |
| 2022-02-16 |
Hearing of the appeal, 2022-02-16, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2022-02-14 | Intervener's condensed book, (Book Form), (Printed version filed on 2022-02-14) | Attorney General of Canada |
| 2022-02-14 | Appellant's condensed book, (Book Form), (Printed version filed on 2022-02-14) | Annapolis Group Inc. |
| 2022-02-11 | Respondent's condensed book, (Book Form), (Printed version filed on 2022-02-11) | Halifax Regional Municipality |
| 2022-02-03 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2022-02-02 | Correspondence (sent by the Court) to, Zoom hearing information and registration links | |
| 2022-01-27 | Notice of appearance, (Letter Form), Counsel for CHBA, appearing by way of written submissions only, will be Shane Rayman and Conner Harris., (Printed version due on 2022-02-03) | Canadian Home Builders' Association |
| 2022-01-21 | Notice of appearance, (Letter Form), Brandon Kain and Adriana Forest are counsel for the intervener in this matter. The OTLA will present its arguments by way of written submissions. , (Printed version due on 2022-01-28) | Ontario Landowners Association |
| 2022-01-19 |
Notice of appearance, Randy Christensen and Sarah McDonald will appear before the Court and Mr. Christensen will present oral arguments. |
Ecojustice Canada Society |
| 2022-01-18 |
Notice of appearance, (Letter Form), Edward Gores Q.C., will not appear at the hearing. AGNS will rely upon its written submissions only. rec'd: amended notice (rec'd 2022-02-15), (Printed version due on 2022-01-25) |
Attorney General of Nova Scotia |
| 2022-01-18 |
Notice of appearance, Dayna Anderson will appear before the Court, and will present oral arguments. |
Attorney General of Canada |
| 2022-01-18 |
Notice of appearance, Robert B. Lawson and Vanessa Glasser will appear before the Court. Mr. Lawson will present oral arguments. |
Attorney General of Ontario |
| 2022-01-14 |
Notice of appearance, Michelle Awad,Q.C., Martin Ward, Q.C. and Jeremy Ryant will appear before the Court. Ms. Award, Q.C. will present oral arguments. |
Halifax Regional Municipality |
| 2022-01-14 | Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing | |
| 2022-01-13 |
Notice of appearance, Mr. Malcolm Lavoie and Ms. Adrienne Funk will appear before the Court. Mr. Lavoie will present oral arguments. |
Canadian Constitution Foundation |
| 2022-01-06 | Notice of appearance, Peter H. Griffin, Rebecca Jones, Scott Rollwagen and Amy Sherrard will appear before the Court. Mr. Griffin and Ms. Jones will present the oral arguments. | Annapolis Group Inc. |
| 2022-01-04 | Notice of change of counsel | Attorney General of Canada |
| 2021-12-30 |
Notice of appearance, Phong Phan and Tim Quirk will appear before the Court and Mr. Phan will present oral arguments. |
Attorney General of British Columbia |
| 2021-12-22 | Reply factum on appeal, (Book Form), Reply factum to all interventions, Completed on: 2021-12-23, (Printed version filed on 2021-12-22) | Halifax Regional Municipality |
| 2021-12-22 | Appellant's book of authorities, (Book Form), In support of reply factum to all interventions, Completed on: 2021-12-23, (Printed version filed on 2021-12-22) | Annapolis Group Inc. |
| 2021-12-22 | Reply factum on appeal, (Book Form), Reply factum to all interventions, Completed on: 2021-12-23, (Printed version filed on 2021-12-22) | Annapolis Group Inc. |
| 2021-12-02 | Order on motion to extend time, by Justice Karakatsanis (sent by email) | |
| 2021-12-02 |
Decision on motion to extend time, Ka, UPON APPLICATION by the NAIOP Commercial Real Estate Development Association (Calgary, Edmondton and Vancouver Chapters), the Real Property Association of Canada and Building Owners and Managers Association of Canada Inc. for an order extending the time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is dismissed. Dismissed |
|
| 2021-12-02 | Submission of motion to extend time, Ka | |
| 2021-11-30 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-12-02, (Printed version filed on 2021-12-01) | NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters) |
| 2021-11-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Attorney General of Nova Scotia |
| 2021-11-26 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Attorney General of Nova Scotia |
| 2021-11-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Attorney General of Ontario |
| 2021-11-26 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Attorney General of Ontario |
| 2021-11-26 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Canadian Home Builders' Association |
| 2021-11-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Attorney General of Canada |
| 2021-11-26 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Attorney General of Canada |
| 2021-11-25 | Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-29) | Ontario Landowners Association |
| 2021-11-25 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-29) | Ontario Landowners Association |
| 2021-11-25 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-25) | Attorney General of British Columbia |
| 2021-11-25 | Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Ecojustice Canada Society |
| 2021-11-25 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-26) | Ecojustice Canada Society |
| 2021-11-25 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2021-11-25 | Halifax Regional Municipality |
| 2021-11-25 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-25, (Printed version filed on 2021-11-26) | Halifax Regional Municipality |
| 2021-11-24 | Intervener's book of authorities, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-25) | Canadian Constitution Foundation |
| 2021-11-24 | Intervener's factum, (Book Form), Completed on: 2021-12-06, (Printed version filed on 2021-11-25) | Canadian Constitution Foundation |
| 2021-11-24 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-25, (Printed version filed on 2021-11-24) | Annapolis Group Inc. |
| 2021-11-15 | Notice of name, (Letter Form), (Printed version filed on 2021-11-16) | NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters) |
| 2021-11-15 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2021-11-15, (Printed version filed on 2021-11-16) | NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters) |
| 2021-11-15 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-11-16) |
NAIOP Commercial Real Estate Development Association (Calgary, Edmonton and Vancouver Chapters) |
| 2021-11-08 | Notice of hearing sent to parties, (sent electronically on 2021-11-09) | |
| 2021-11-08 |
Appeal hearing scheduled, 2022-02-16 Judgment reserved |
|
| 2021-10-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-10-18 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2021-10-18) | Halifax Regional Municipality |
| 2021-10-18 | Respondent's record, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-10-18) | Halifax Regional Municipality |
| 2021-10-18 | Respondent's factum, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-10-18) | Halifax Regional Municipality |
| 2021-10-15 | Order on motion for leave to intervene, by KARAKATSANIS J. | |
| 2021-10-15 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Attorney General of Canada, the Attorney General of Nova Scotia, the Attorney General of Ontario, the Attorney General of British Columbia, Ecojustice Canada Society, Canadian Constitution Foundation, Canadian Homebuilders Association and Ontario Landowners Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted and the said eight (8) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before November 26, 2021. The Attorney General of Canada, the Attorney General of Nova Scotia, the Attorney General of Ontario, the Attorney General of British Columbia, Ecojustice Canada Society and Canadian Constitution Foundation are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The appellant and the respondent are each permitted to file a factum in response to all interventions not to exceed ten (10) pages in length on or before December 22, 2021. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2021-10-15 | Submission of motion for leave to intervene, Ka | |
| 2021-10-07 | Correspondence received from, Ms. Rebecca Jones, Re: appeal scheduling | Annapolis Group Inc. |
| 2021-10-05 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-07 | Canadian Home Builders' Association |
| 2021-10-04 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-05, (Printed version filed on 2021-10-05) | Ontario Landowners Association |
| 2021-10-01 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-04, (Printed version filed on 2021-10-04) | Canadian Constitution Foundation |
| 2021-09-29 | Response to the motion for leave to intervene, Completed on: 2021-10-04 | Halifax Regional Municipality |
| 2021-09-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-04, (Printed version filed on 2021-09-29) | Annapolis Group Inc. |
| 2021-09-20 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee - Rec'd 2022-07-29, Completed on: 2022-08-02, (Printed version filed on 2021-09-20) |
Attorney General of Nova Scotia |
| 2021-09-20 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee (rec'd October 15, 2021), Completed on: 2022-08-03, (Printed version filed on 2021-09-20) |
Attorney General of Canada |
| 2021-09-20 | Notice of name, (Letter Form), (Printed version filed on 2021-09-21) | Ecojustice Canada Society |
| 2021-09-20 | Other book of authorities, (Book Form), Completed on: 2021-09-20, (Printed version filed on 2021-09-21) | Ecojustice Canada Society |
| 2021-09-20 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-09-21) |
Ecojustice Canada Society |
| 2021-09-20 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-09-20) |
Attorney General of Ontario |
| 2021-09-20 | Notice of name | Canadian Home Builders' Association |
| 2021-09-20 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-09-20) |
Canadian Home Builders' Association |
| 2021-09-20 | Notice of name | Ontario Landowners Association |
| 2021-09-20 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-09-21) |
Ontario Landowners Association |
| 2021-09-20 | Notice of name | Canadian Constitution Foundation |
| 2021-09-20 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec'd 2021-11-23), Completed on: 2021-11-24, (Printed version filed on 2021-09-20) |
Canadian Constitution Foundation |
| 2021-09-17 | Notice of name | Attorney General of British Columbia |
| 2021-09-17 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-09-17) |
Attorney General of British Columbia |
| 2021-08-23 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-08-23) | Annapolis Group Inc. |
| 2021-08-23 | Appellant's book of authorities, (Book Form), Completed on: 2021-09-02, (Printed version filed on 2021-08-23) | Annapolis Group Inc. |
| 2021-08-23 | Appellant's record, (Book Form), (7 volumes), Completed on: 2021-09-02, (Printed version filed on 2021-08-23) | Annapolis Group Inc. |
| 2021-08-23 | Appellant's factum, (Book Form), Completed on: 2021-09-02, (Printed version filed on 2021-08-23) | Annapolis Group Inc. |
| 2021-08-13 | Notice of appeal, (Book Form), Completed on: 2021-09-02, (Printed version filed on 2021-08-13) | Annapolis Group Inc. |
| 2021-06-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-06-24 | Judgment on leave sent to the parties | |
| 2021-06-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 495116, 2021 NSCA 3, dated January 7, 2021 is granted with costs in the cause. Granted, with costs in the cause |
|
| 2021-05-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-05-21, (Printed version filed on 2021-05-17) | Annapolis Group Inc. |
| 2021-05-06 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-05-13) | Halifax Regional Municipality |
| 2021-05-06 | Notice of name, (Letter Form), (Printed version due on 2021-05-13) | Halifax Regional Municipality |
| 2021-05-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-05-07, (Printed version filed on 2021-05-07) | Halifax Regional Municipality |
| 2021-04-06 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 04/06/21 | |
| 2021-03-08 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-03-08) | Annapolis Group Inc. |
| 2021-03-08 | Notice of name, (Letter Form), (Printed version filed on 2021-03-08) | Annapolis Group Inc. |
| 2021-03-08 | Application for leave to appeal, (Book Form), Missing: Filing Fee - rec' 2021-05-19, Completed on: 2021-05-19, (Printed version filed on 2021-03-08) | Annapolis Group Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Annapolis Group Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Halifax Regional Municipality | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Nova Scotia | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Canadian Constitution Foundation | Intervener | Active |
| Ontario Landowners Association | Intervener | Active |
| Canadian Home Builders' Association | Intervener | Active |
| Ecojustice Canada Society | Intervener | Active |
Counsel
Party: Annapolis Group Inc.
Counsel
Peter H. Griffin
Scott Rollwagen
Rebecca Jones
Amy Sherrard
Scott Rollwagen
Rebecca Jones
Amy Sherrard
Lenczner Slaght LLP
Suite 2600
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2921
FAX: (416) 865-9010
Email: pgriffin@litigate.com
Suite 2600
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2921
FAX: (416) 865-9010
Email: pgriffin@litigate.com
Agent
David R. Elliott
Dentons Canada s.e.n.c.r.l.
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Party: Halifax Regional Municipality
Counsel
Michelle Awad, Q.C.
Martin C. Ward, Q.C.
Jeremy G. Ryant
Martin C. Ward, Q.C.
Jeremy G. Ryant
McInnes Cooper
1969 Upper Water Street, Suite 1300
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 3R7
Telephone: (902) 425-6500
FAX: (902) 425-6350
Email: michelle.awad@mcinnescooper.com
1969 Upper Water Street, Suite 1300
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 3R7
Telephone: (902) 425-6500
FAX: (902) 425-6350
Email: michelle.awad@mcinnescooper.com
Agent
Colin S. Baxter
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Party: Attorney General of British Columbia
Counsel
Phong Phan
Timothy Quirk
Timothy Quirk
Attorney General of British Columbia
1675 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8499
FAX: (250) 356-8400
Email: phong.phan@gov.bc.ca
1675 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8499
FAX: (250) 356-8400
Email: phong.phan@gov.bc.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Canadian Constitution Foundation
Counsel
Malcolm Lavoie
Adrienne Funk
Adrienne Funk
Miller Thomson LLP
2700 Commerce Place
10155 - 102 Street
Edmonton, Alberta
T5J 4G8
Telephone: (780) 429-9706
FAX: (780) 424-5866
Email: mlavoie@millerthomson.com
2700 Commerce Place
10155 - 102 Street
Edmonton, Alberta
T5J 4G8
Telephone: (780) 429-9706
FAX: (780) 424-5866
Email: mlavoie@millerthomson.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Ontario Landowners Association
Counsel
Brandon Kain
Adriana Forest
Adriana Forest
McCarthy Tétrault LLP
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: bkain@mccarthy.ca
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: bkain@mccarthy.ca
Party: Canadian Home Builders' Association
Counsel
Shane Rayman
Conner Harris
Conner Harris
Rayman Harris LLP
250 The Esplanade, Suite 202
Toronto, Ontario
M5A 1J2
Telephone: (416) 597-5406
FAX: (437) 222-9001
Email: shane@raymanharris.com
250 The Esplanade, Suite 202
Toronto, Ontario
M5A 1J2
Telephone: (416) 597-5406
FAX: (437) 222-9001
Email: shane@raymanharris.com
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Robert Lawson
Vanessa Glasser
Vanessa Glasser
Attorney General of Ontario
720 Bay Street
8th floor
Toronto, Ontario
M7A 2S9
Telephone: (647) 467-7763
FAX: (416) 326-4181
Email: robert.b.lawson@ontario.ca
720 Bay Street
8th floor
Toronto, Ontario
M7A 2S9
Telephone: (647) 467-7763
FAX: (416) 326-4181
Email: robert.b.lawson@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Ecojustice Canada Society
Counsel
Randy Christensen
Sarah McDonald
Sarah McDonald
Ecojustice Canada Society
520-1801 Hollis Street
Halifax, Nova Scotia
B3N 3J1
Telephone: (902) 417-1700
FAX: (902) 417-1701
Email: rchristensen@ecojustice.ca
520-1801 Hollis Street
Halifax, Nova Scotia
B3N 3J1
Telephone: (902) 417-1700
FAX: (902) 417-1701
Email: rchristensen@ecojustice.ca
Party: Attorney General of Canada
Counsel
Dayna Anderson
Department of Justice Canada
National Litigation Sector, Praire Regional Office
601 – 400 St. Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 294-5563
FAX: (204) 983-3636
Email: dayna.anderson@justice.gc.ca
National Litigation Sector, Praire Regional Office
601 – 400 St. Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 294-5563
FAX: (204) 983-3636
Email: dayna.anderson@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Nova Scotia
Counsel
Edward A. Gores, Q.C.
Attorney General of Nova Scotia
Department of Justice (NS)
1690 Hollis Street, 8th Floor
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: edward.gores@novascotia.ca
Department of Justice (NS)
1690 Hollis Street, 8th Floor
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: edward.gores@novascotia.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Expropriation - Municipal law - Municipal council declines to initiate planning process required by developer to develop lands - Public uses lands as a park - Whether exercise of a zoning power which deprives a landowner of the reasonable uses of its land in favour of creating a public park carries an implied obligation to pay compensation - Whether test for de facto expropriation should be revisited - Whether motive of government authority is a relevant consideration in considering whether a de facto taking occurred?
Summary
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Annapolis Group Inc. seeks to develop lands that it owns. The lands lie within the boundary of Halifax Regional Municipality. Council of Halifax Regional Municipality declined to commence a planning process and to amend a by-law, both of which are required to permit development of the lands. Annapolis Group Inc. alleges Halifax Regional Municipality encourages members of the public to use the lands as a public park. It commenced an action seeking damages for alleged de facto expropriation, abuse of public office and unjust enrichment. Halifax Regional Municipality filed a motion for summary judgment dismissing the claim of de facto expropriation. The motions judge dismissed the motion. The Court of Appeal allowed an appeal and dismissed the claim of de facto expropriation.
Lower court rulings
November 20, 2019
Supreme Court of Nova Scotia, Trial Division
2019 NSSC 341, Hfx No. 460474
Supreme Court of Nova Scotia, Trial Division
2019 NSSC 341, Hfx No. 460474
Motion for summary judgment dismissed
January 7, 2021
Nova Scotia Court of Appeal
2021 NSCA 3, CA 495116
Nova Scotia Court of Appeal
2021 NSCA 3, CA 495116
Appeal allowed, summary judgment granted, claim of de facto expropriation dismissed
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Date modified: 2025-02-27