Cite as: Bridgewater (Town) v. Ross, 1970 NSCA 8 CASE NO. 1970 So C. No. 15055 IN THE SUmEl-E COURT OF NOVA SCOTIA APmAL DIVISION BETWEEN: TOWN OF BRD>GEWAmR Appellant - and JOSEIH W. ROSS Respondent HEARD at Halifax, Nova Scotia .. ooi'02"e the Hoooursble Chief Justice PIcKirmo,n, the Honourable Mr. ,Jfustice Co:ftin and the Honourable 1>tt. Justice Cooper of the Appeal Division, June 11, 19rO 9mION, [oral] June 11, 1'110 COUNSEL Angus L. Macdonald, Q,.C. Appellant Petei' G. GreeL'l, Esq. Respondent Trade Union Act ril?J:lt ot appeal sections 40 (5) and 58 (1)
,
l lWO s. C. No. 15055 IN WE SUffiEJ.£ COURT OF NOVA SCOTIA APPEAL DIVISION BETWEEN: Tam OF BRIOOEWA'mR Appellant - and -JOSElH W. ROSS Respondent McKINNON, C.J.N .S.: ~e issue here i8 whether or not the appellant has the right of appeal under the provisions ot the trade Union Act, R.S.N.S. lcfi;J7, c. 311. It we accept the argument of ~le appellant, it would mean thnt the Legislature actually, in the sa~ Act, repealed the provisions of one sectioo by tbe enactment of contrary provisioos in another section. MiXWell en Interpretation of statutes, 11th ed., p. 162, s. 2: l1'1B'tllt repeal by implication i 8 nat favoured. A s~fi~·· ient Aet o~t not to be held to be repealed bJ' impUca'\t:;ion without some strong reason" n 1s 8 rea.so~l&ble pl'eswnpHon that the legislature did not intend to keep really contra dictor,Y enactments 00 the statute Dook, or JI rm the other hand ~ to effect so i~l·tant a measure as the rep2al of a ,. la.w without expressing an intentioo to dOBO. Such an 1n terpretat:!~on, therefore, is not to be adopted \.U1less it be .. inevitable 0 Any reasonable construction which offers an excape from it is more likely to 'be in consonance 'With the rea11ntent1on." : 1 .•
... .
Nov, it would appear .that s. 58 (1) of the 'l'rade Union ~ clearly and expressly takes away the right of appeal, and it is well known that the right of appeal is a sta'\<utory rie,ht. It does not appear to us that it was the intention of the Legislature by the enactIrJ!ut ot B. 40 (5) to render nugatory the provisions in 80 58 (3.), rather it seems more likely that the Legislature intended the passage of s. 40 (5) ~rel..v to facilitate the enforcement of ol-ders by the Labour Re lations Board. It is the unanimous opinion of the Court, theref.ore, there is no right of appeal here under the provisions of the Trade Union Act. '!'be appeal should be d1smissed with costs • ... [ A. H. McKinnon ] Chief Justice of Nova Scotia ~ fT~ l/W~t~ H. Cof'fi. J U Justice, Appe 1 DiVision ~~~~ [ A. G. Cooper ) Justice, Appea1 Division Halifax, Nova Scotia June 11, lCJlO
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.