Court of Appeal

                                NOVA SCOTIA COURT OF APPEAL

         Citation: Nova Scotia (Attorney General) v. Connolly, 2004 NSCA 107

                                                                                                     Date: 20040915

                                                                                               Docket: CA 208848

                                                                                                 Registry:  Halifax

Between:

                         The Attorney General of Nova Scotia representing

               Her Majesty the Queen in Right of the Province of Nova Scotia

                                                                                                              Appellant

                                                             v.

                                                  Dennis Connolly

                                                                                                           Respondent

                                                            and

                               The Nova Scotia Government and General

                                                 Employees Union

                                                                                                             Intervenor

JUDGE:               Cromwell, J.A.

APPEAL HEARD:         March 22 and 23, 2004

JUDGMENT DELIVERED:         September 15, 2004

          SUBJECT:           Interlocutory relief - Proceedings Against the Crown Act - Interlocutory injunctions against officers of the Crown

SUMMARY:         Mr. Connolly was a permanent part time employee at the Shelburne Youth Centre and was accused, but ultimately cleared, of sexual abuse of youth at the Centre. He developed a depressive illness after these allegations were made and was, according to the medical evidence, permanently disabled.  He was not eligible for LTD.  His salary and benefits had been continued under the provisions of a Memorandum of Agreement relating to employees in his position.  However, the deputy minister of justice subsequently advised him that his salary would be discontinued.  Mr. Connolly sought, and was granted, an interlocutory injunction against the deputy minister to prevent this.  The Crown appealed.

ISSUES:               1.       Did the judge err in finding that Mr.  Connolly had established an arguable case that his rights had been infringed?

2.       Did the judge err in finding that he could issue an interlocutory injunction against the deputy minister in light of s. 16(4) of the Proceedings Against the Crown Act, R.S.N.S. 1989, c.  360?

3.      Did the judge err in finding that Mr.  Connolly had established irreparable harm?

RESULT:             Appeal dismissed.  Having regard to the principles set out in Smith v.  Attorney General (N.S.), the judge did not err in concluding that Mr. Connolly had made out an arguable case that the deputy minister had acted in excess of his statutory powers and that such acts could be enjoined by the court.  Having regard to the evidence in the record, the judge did not err in finding that Mr. Connolly had established that he would suffer irreparable harm if the injunction were refused.