IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Heritage Trust of Nova Scotia v. Halifax (Regional Municipality),
2007 NSSC 28
Date: 20070226
Docket: SH 265550
Registry: Halifax
Between:
Heritage Trust of Nova Scotia and Howard Epstein
Applicant
- and -
Halifax Regional Municipality
Respondent
- and -
United Gulf Developments Ltd.
Intervenor
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: December 6 and 7, 2006, in Halifax, Nova Scotia
Subject: Judicial review; municipal law; procedural fairness; standing.
Summary: Halifax Regional Council, after a public hearing, approved a development agreement to allow the construction of a building comprised of two towers on the former Texpark lands on Granville Street in downtown Halifax. The applicants seek to quash the decision.
Issue: 1. Standing of applicants to bring the application;
2. Procedural fairness of the public hearing:
a) provision of material prior to the hearing;
b) receipt of information from the developer after the close of the public hearing;
3. Fettering of Halifax Regional Council's discretion;
4. Did Halifax Regional Council err in its decision by considering irrelevant factors?
Result: Applicants have standing; no procedural unfairness in conduct of public hearing; Council did not fetter its discretion or make its decision based on irrelevant factors.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.