Court of Appeal

Decision Information

Born with Three Thumbs v. Middleton (Town) Water Utillity

Court Court of Appeal
Date 2001-05-23
Citation 2001 NSCA 88
Docket CA 165302
Judge/Registrar/Adjudicator Flinn, Edward J. (Honourable Justice); Oland, Linda L. (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - Born with Three Thumbs v. Middleton (Town) Water Utillity - 2001 NSCA 88 - 2001-05-23 - Decision

Decision Content

CASE NO.                                      VOL. NO.                                            PAGE

 

THE TOWN OF MIDDLETON                - and -        NOVA SCOTIA UTILITY AND REVIEW

WATER UTILITY, a water utility                                 BOARD, a body corporate under the

as defined in the Public Utilities                                   Utilities and Review Board Act and

Act and THE TOWN OF                                             ARDY BORN WITH THREE THUMBS

MIDDLETON, a body corporate

under the provisions of the

Municipal Government Act   

                                                                             

(Appellants)                                                                                                                    (Respondents)

 

                                                                             

CA 165302                                                  Halifax, N.S.                                                Roscoe, J.A.

                                                                                                                            

 

Cite as: Born With Three Thumbs  v. Middleton (Town) Water Utility, 2001 NSCA 88

 

APPEAL HEARD:                        March 23, 2001

 

JUDGMENT DELIVERED:          May 23, 2001

 

SUBJECT:       Public Utilities Act, Nova Scotia Utility and Review Board Practice

 

SUMMARY:    After receiving a complaint, the Utility and Review Board investigated the matter and then ordered the appellant water utility to restore water service to the respondent, Ms. Born With Three Thumbs.

 

ISSUE:             Whether the Utility and Review Board had the jurisdiction to make an order following its investigation without notice to the water utility and without providing the utility with the opportunity to be heard and to respond to the complaint.

 

RESULT:         Appeal allowed. In the circumstances of this case, the Board exceeded its jurisdiction by ordering reconnection of the water service without providing the utility an opportunity to present its case at a hearing of the Board.

 

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