Supreme Court of Nova Scotia
Citation: Rudderham v. Nova Scotia (Environment), 2018 NSSC 172
Date: 20180523
Docket: Hfx No. 471414
Registry: Halifax
Between:
Stacey Lee Rudderham, Dwight Ira Isenor, Shubenacadie Watershed Environmental Protection Society, and Bill Horne
Appellants
v.
Nova Scotia (Minister of Environment) and Scotian Materials Limited
Respondents
Library Heading
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Judge: |
The Honourable Justice Suzanne Hood |
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Heard: |
May 22, 2018, in Halifax, Nova Scotia |
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Oral Decision: |
May 23, 2018 |
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Written Release of Oral Decision: |
July 12, 2018 |
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Subject: |
Judicial Review: additions to the Record; fresh evidence on Judicial Review; amendment to Notice of Appeal |
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Summary: |
Applicants seek to have additional material added to the Record on Judicial Review of the decision of the Minister of Environment to grant approval for a quarry. They also seek an amendment to their Notice of Appeal. |
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Issues: |
(1) Should additional material be added to the Record to include all the material reviewed by the Reviewer but not provided to the Minister? (2) Should additional material be added to the Record as fresh evidence? (3) Should the Notice of Appeal be amended to plead that the Record is incomplete? |
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Result: |
Reviewer’s material not provided to the Minister not to be added to the Record. Material is not fresh evidence on judicial review. Notice of Appeal amended. |
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