IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Sydney Precision Machining Ltd. and Luxandric Ltd. v. Cape Breton
Regional Municipality, 2003NSSC222
Date: 20031114
Docket: 207202
Registry: Sydney
Between:
Sydney Precision Machining Ltd. and Luxandric Ltd.
Plaintiffs
v.
Cape Breton Regional Municipality
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: November 4, 2003 in Sydney
Written Decision: November 14, 2003
Subject: Certiorari; Municipal Government Act – Adequacy of Notices of Intent to Demolish and notices to repair under the dangerous and unsightly provisions of the Act.
Facts: Plaintiff had been served with “Notices of Intent to Demolish” which on their face required the Plaintiffs to repair their buildings to National Building Code standards or demolish them.
Result: The Notices did not comply with the Act and were therefore declared to have no legal effect and quashed.
Cases cited: Brown and Evans, Judicial Review of Administrative Action in Canada (2003) at 1-65; Doiron v. Duplisea (1998), 170 N.S.R. (2d) 15 at 19-20
(C.A.); Eddy (George) Co. v. Annapolis (County) (2001), 190 N.S.R. (2d) 57 at 60 (S.C.); Rogers, The Law of Canadian Municipal Corporations (2d ed.), Vol. 1 at 488.6; Riopelle v. City of Montreal (1911), 44 S.C.R. 579; Saint John (City of) v. Burke and Carpenter (1986), 68 N.B.R. (2d) 348 at 354-356 (Q.B.), Mount Pearl (City) v. East Coast Fleet Repair Ltd. (1990), 86 Nfld. & P.E.I.R. 57 at 60-63 (Nfld. T.D.); CBRM v. 1588145 Nova Scotia Ltd. (January 17, 2003, N.S.S.C.); Woodstock (Town) v. McKenna (1990), 110 N.B.R. (2d) 305 at 311-312, (Q.B.), affirmed (1991), 116 N.B.R. (2d) 361 (N.B.C.A.); Re Campeau Corporation and City of Ottawa (1978), 92 D.L.R. (3d) 413 (Ont. Div. Ct.); Heighten v. Kingsbury, [2003] N.S.J. No. 277 (C.A.); Eddy (George) Co. v. Annapolis (County) (2000), 190 N.S.R. (2d) 57 (N.S.S.C.).