IN THE SUPREME COURT OF NOVA SCOTIA
APM Landmark Inc. v. Halifax (Regional Municipality), 2005 NSSC 232
Date: 20050815
Docket: S.H. 247206
Registry: Halifax
Between:
APM LANDMARK INC.
Applicant
v.
HALIFAX REGIONAL MUNICIPALITY
Respondent
LIBRARY SHEET
Judge: The Honourable Justice Margaret J. Stewart
Heard: June 28, 2005 in Halifax, Nova Scotia
Decision: August 15, 2005.
Subject: Building Code Act, R.S.N.S., 1989, c. 46 National
Building Code, 1995; N.S. Reg 209/03; Judicial Review
Issue: Standard of Review; Whether barrier-free path of travel must be provided to the raised and only office space
to be occupied by Nova Scotia Liquor Commission.
Result: Nova Scotia Building Advisory Committee’s decision is correct and meets the highest standard of review; Given that Appendix “A” of NBC 1995 is deleted, as well as specific exemptions dealing with floor levels, NS Reg 209/03 is more stringent than NBC 1995 concerning office space and employees need to be accommodated; Office constituted a general work area under the Regulations; Conclusions about employability of disabled persons so as to find an office space not necessitating barrier-free access is not a
determination for the Committee, given the clear wording of the Regulation. Appeal dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURTS DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.