SUPREME COURT OF NOVA SCOTIA
Citation: Specter v. Nova Scotia (Fisheries and Aquaculture), 2011 NSSC 266
Date: 20110630
Docket: Hfx. No. 350371
Registry: Halifax
Between:
Marian and Herschel Specter
Appellants
v.
Minister of Fisheries and Aquaculture, Kelly Cove Salmon Ltd.
Respondents
LIBRARY HEADING
Judge: The Honourable Justice Justice Peter P. Rosinski
Heard: June 29, 2011 in Halifax, Nova Scotia
Written Decision: June 30, 2011
Subject: Civil Procedure Rule 35.04 - Adding persons as Respondents or Intervenors in cases of statutory appeals
Summary: The Minister of Fisheries awarded Aquaculture licenses to Kelly Cove Salmon Ltd. Pursuant to s. 119 of the Fisheries Coastal Resources Act (Nova Scotia) Specter appealed the decision as an “aggrieved person”. Kelly Cove Salmon Ltd. sought to be added as a Respondent.
Issue: When should a person be considered as required to be added as a Respondent in statutory appeals pursuant to Civil Procedure Rule 35.04(1)? If adding a person as a Respondent is not mandatory, how should the exercise of discretion to add the person as a Respondent be exercised?
Result: Civil Procedure Rule 35.04(1) found to be applicable and Kelly Cove Salmon Ltd. was required to be named as a Respondent in the appeal. Alternatively discretion exercised to include Kelly Cove Salmon Ltd. as a Respondent.
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