Court of Appeal

Judge:

The Honourable Justice Peter M.S. Bryson

Appeal Heard:

September 6, 2016, in Halifax, Nova Scotia

Subject:

Administrative law. Judicial Review. Standing

Summary:

Mechanics working on elevators in Nova Scotia must be certified under a programme operated by the appellant Trustees or another “equivalent” programme acceptable to the Province’s Chief Inspector.  The Trustees’ programme was only open to employees working for unionized companies.  The Chief Inspector authorized an alternative programme for non-unionized workers.  The Trustees applied for judicial review of that decision.  The Province successfully applied to dismiss the application because the Trustees lacked standing. The Trustees appealed.

Issues:

(1)        Did the motions judge err in deciding that the Trustees lacked private interest standing?

(2)        Did the motions judge err in deciding that the Trustees lacked public interest standing?

(3)        Did the motions judge err in considering standing as a preliminary matter?

Result:

Appeal dismissed.  The motions judge correctly decided that the Trustees had no interest in the Chief Inspector’s decision to authorize alternative training for elevator mechanics.  She also appropriately exercised her discretion to refuse public interest standing because the Trustees raised no serious justiciable issue.  The alternative programme was no longer offered, so no one other than the parties would be affected.  Judicial review would not be an economical use of scarce judicial resources.  There was an adequate record to dispose of the application on a preliminary motion and the judge properly exercised her discretion in doing so.