Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Selkowitz v. Inverness (County), 2007 NSSC 383

Date: 20071204

Docket: SH 283177

Registry: Halifax

 

Between:

Anton Selkowitz

Applicant

v.

 

Municipality of the County of Inverness

Respondent

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice Suzanne M. Hood

 

Heard:                        October 3, 2007 in Halifax, Nova Scotia

 

Final Written

Submissions:              November 7, 2007

 

Written Decision:       January 18, 2008 (Oral decision Dec. 4, 2007)

 

Subject:                       Municipal Government Act, s. 131; business occupancy taxes; retroactive legislation.

 

Summary:                   The applicant bought property on which both real property and business occupancy taxes were owed.  When his lawyer forwarded the tax payment to the municipality, the municipality applied it first to outstanding business occupancy taxes of the vendor.  The applicant (purchaser) objected.

 

Issue:                         

1)         The effect of retroactive legislation; and

2)         The interpretation of s. 131(4) of the Municipal                                                                        Government Act, S.N.S. 1998, c. 18.

 

Result:                        Section 131(4) does not create a lien.  The retroactive legislation applied to the transaction.  Admiral Recycling Ltd. v. Inverness County (Municipality), [2006] N.S.J. No. 113, 242 N.S.R. (2d) 314 (N.S.S.C.) considered.

 

 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.            QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.


 

 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.