Supreme Court

Judge:

The Honourable Justice James L. Chipman

Heard:

September 7, 2016, in Halifax, Nova Scotia

Subject:

Determination of a preliminary question of law under Civil Procedure Rule 12

Summary:

The parties agreed to proceed with an application under Civil Procedure Rule 12 to determine the legal basis of the Respondent’s obligations to the Applicant on terminating his employment.

Mr. Book submits that pursuant to the applicable legislation, the terms of the termination of his employment are governed by the common law.  Tourism Nova Scotia disagrees, arguing that their legal obligations on terminating Mr. Book are as set out in the applicable legislation and accompanying regulations.

Issues:

What were the Respondent’s obligations on terminating the Applicant?

Result:

The Court answered the question by determining that the Respondent’s legal obligations on terminating the Applicant’s employment are as set out in the Regulations, by virtue of s. 24(1) of the Tourism Nova Scotia Act.  Accordingly, the Applicant is entitled to 12 months’ notice.