IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Silver Sands Realty Ltd. v. Nova Scotia (Attorney General),
2006 NSSC 388
Date: 20061130
Docket: SH 261348
Registry: Halifax
Between:
Silver Sands Realty Ltd., a body corporate
Applicant
- and -
The Attorney General for the Province of Nova Scotia,
The Registrar General of Land Titles and Service Nova
Scotia and Municipal Relations
Respondents
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: November 28, 2006 (Special Chambers) in Halifax, Nova Scotia
Written Decision: January 12, 2007 (Oral decision rendered November 30, 2006)
Subject: Res judicata; water courses; Environment Act; Land Registration Act
Summary: Plaintiff subdivided lands including Cow Bay Lake; Registrar General of Land Titles issued Stop Orders; plaintiff seeks to have orders rescinded or mandamus granted; defendants say action is res judicata because of Order-in-Council in 1919 pursuant to Water Act, S.N.S. 1919, c. 5.
Issue: Does res judicata apply?
Result: 1) Order-in-Council is one to which res judicata can apply;
2) Same question was not decided by Order-in-Council;
a) Order-in-Council dealt with Cow Bay River;
b) Alternatively, Order-in-Council did not decide Cow Bay Lake was a water course;
3) Order-in-Council was a decision in personam and not in rem;
4) Alternatively, in exercise of judicial discretion, application should be dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.