SUPREME COURT OF NOVA SCOTIA
Citation: Pink v Davis, 2011 NSSC 237
Date: 20110615
Docket: Hfx No 342580
Registry: Halifax
Between:
Joan E. Pink
Applicant
v.
June Davis and Allan Davis,
Municipality of the Region of Queens
-and-
Nova Scotia Building Advisory Committee
Respondents
LIBRARY HEADING
Judge: The Honourable Justice Gregory M. Warner
Heard: June 15, 2011 at Halifax, Nova Scotia
Written Decision: June 16, 2011
Subject: Judicial Review – Jurisdiction and Natural Justice
Summary: The respondents, neighbours of the applicant, appealed to the Nova Scotia Building Advisory Committee from a decision the Municipality granting a permit for the applicant’s residence pursuant to s. 15 of the Building Code Act. The Committee overturned the municipality’s ruling. The applicant was not notified of the appeal, and first learned of the Committee’s decision after the fact.
The applicant applied to the Supreme Court of Nova Scotia for Judicial Review and appealed the Committee’s decision. The applicant and municipality asserted that the Committee had no jurisdiction to hear the neighbours’ appeal, and, if so, that it breached its duty of procedural fairness in failing to notify and afford an opportunity to be heard to the applicant.
Issue: Issue #1: Jurisdiction of the Committee
Issue #2: Procedural Fairness
Issue #3: Costs
Result: Issue #1: The Committee had no jurisdiction to hear the neighbours’ appeal under s. 15 of the Act as they were not owners of the building under consideration by the municipal building inspector.
Issue #2:The Committee failed in its duty of procedural fairness by failing to give notice and an opportunity to be heard to the applicant who was the owner of the building for which the permit in dispute was issued.
Issue #3: Both the applicant and municipality was entitled to costs. The respondents are liable for costs. Because of the exceptional circumstances of this case, the Committee is also liable for costs. Costs of $3,000.00 plus disbursements were awarded to each of the applicant and municipality payable half by each of the respondents and Committee.
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