SUPREME COURT OF NOVA SCOTIA
Citation: Solid Waste Association of Nova Scotia v. Halifax (Regional Municipality),
2005 NSSC 89
Date: 20050421
Docket: SH 186336
Registry: Halifax
Between:
Solid Waste Association of Nova Scotia
(SWANS) Limited, a body corporate
Plaintiff
v.
Halifax Regional Municipality
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: February 16, 2005 (Special Chambers) in Halifax, Nova Scotia
Subject: Standing
Summary: Solid Waste Association of Nova Scotia (SWANS) applies to quash certain sections of HRM’s Solid Waste Collection and Disposal By-law. Halifax Regional Municipality (HRM) and Halifax Waste Management Society (HWMS) raise as a preliminary issue that SWANS does not have standing to bring the application.
Issue: Standing
Result: SWANS does not have standing.
1) Section 189 of the Municipal Government Act does not give everyone standing as of right to challenge a municipal by-law; it does not oust the court’s discretion to decide the issue of standing;
2) SWANS does have a genuine interest in testing the validity of the by-law.
3) However, there is another reasonable and effective mean of bringing the matter before the court.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.