Court of Appeal

                           NOVA SCOTIA COURT OF APPEAL

Citation: Annapolis County (Municipality) v. Nova Scotia (Human Rights Commission), 2006 NSCA 55

Date: 20060504

Docket: CA 259385

Registry: Halifax

Between:

The Municipality of the County of Annapolis

Appellant

v.

The Nova Scotia Human Rights Commission

Respondent

Judge:                  The Honourable Justice Nancy Bateman

Appeal Heard:      April 19, 2006

Subject:      Human Rights Act, R.S.N.S. 1989, c. 214, s.31(1) - order directing information     

Summary:   Mann made a complaint to the Human Rights Commission alleging that the Municipality had terminated his volunteer service with the Municipality on account of his political affiliation.  If this occurred it would contravene ss. 5(1)(e) and (u) of the Nova Scotia Human Rights Act.  In investigating the complaint, the HRC requested that the Municipality require each municipal councillor to provide to the HRC in writing, his/her reasoning path leading up to the vote to terminate Mr. Mann’s service.  The Municipality made the request but the individual councillors declined to respond.  HRC applied to the Supreme Court under s.31(1) of the Act for an order compelling disclosure.  The Municipality was made a respondent to the Supreme Court application, but not the individual councillors.  The trial judge issued an order compelling each councillor to provide the requested information.

Issues:        Did the judge err in finding that there had been a refusal to provide the information and in making the order against the councillors who were not parties?    

Result:        Appeal allowed.  On the evidence before him the judge erred in concluding that there had been a refusal by the Municipality to ask the councillors to provide the requested information.  The Municipality had asked but the councillors had declined.  The notice of application sought relief only against the Municipality and not against the individual councillors.  The councillors were not parties to the proceeding and did not have notice of their potential exposure.  The judge erred in granting an order obliging the councillors to provide information in the absence of their having clear notice of the relief sought or being joined as parties to the proceeding.