Nova Scotia Court of Appeal
Citation: Tasty Budds Compassion Club Inc. v. Nova Scotia (Attorney General), 2017 NSCA 22
Date: 20170314
Docket: CA 454611
Registry: Halifax
Between:
Tasty Budds Compassion Club Inc.
Appellant
v.
Attorney General of Nova Scotia, Nova Scotia Utility and Review Board, and Halifax Regional Municipality
Respondents
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Judges: |
MacDonald, C.J.N.S.; Oland and Fichaud JJ.A. |
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Appeal Heard: |
March 14, 2017, in Halifax, Nova Scotia |
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Written Release |
March 15, 2017 |
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Held: |
Appeal dismissed, per reasons for judgment of MacDonald, C.J.N.S.; Oland and Fichaud, JJ.A. concurring
|
|
Counsel: |
Alexander J. Mackillop, for the appellant Edward A. Gores, Q.C. for the Attorney General of Nova Scotia (not participating) Bruce Outhouse, Q.C. for the Nova Scotia Utility and Review Board (not participating) E. Roxanne MacLaurin for the respondent Halifax Regional Municipality |
Reasons for judgment:
By the Court
[1] The respondent Municipality’s Developing Officer denied the appellant’s request for a business occupancy permit because the proposed enterprise – the sale of marijuana – was deemed to have been illegal.
[2] The respondent Nova Scotia Utility and Review Board sustained that decision, which the appellant now seeks to have overturned by this Court.
[3] We are of the unanimous view that it was not unreasonable for the Board to conclude that the Development Officer’s decision did not conflict with the provisions of the applicable land-use bylaw.
[4] The appeal is, therefore, dismissed. The earlier interlocutory decision of this Court ordering $500.00 costs in the cause is confirmed and payable forthwith by the appellant to the respondent Municipality. Otherwise, there shall be no further costs on appeal.
MacDonald, C.J.N.S.
Oland, J.A.
Fichaud, J.A.