Supreme Court

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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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