What is the result of the second appeal of a 2010 Ministerial Order on the same issue?
Nova Scotia, Canada
The following excerpt is from 307625 Nova Scotia Limited v Nova Scotia (Minister of the Environment), 2017 NSSC 150 (CanLII):
That first appeal was heard by Arnold J. and reported as 3076525 Nova Scotia Limited v. Nova Scotia (Environment), 2015 NSSC 137. Therein, he concluded that the Minister had lacked a sufficient factual basis upon which to include one of the clauses (clause 7, in the 2010 MO) insofar as that particular clause pertained to the present appellant. He remitted the matter back to the Minister for further consideration in relation to that clause only. All of the other clauses in the 2010 Ministerial Order were determined by Arnold J. to be a reasonable exercise of the discretion conferred upon the Minister pursuant to the Environment Act, and, therefore, upheld.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On a de novo appeal, can the issue under appeal be decided afresh? (Nova Scotia, Canada)
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
How have intervenors been added as intervenors in a second appeal? (Nova Scotia, Canada)
What is the test to vary the current order under section 65 of the National Statutory Review Order? (Nova Scotia, Canada)
Are there any cases where a court has found that a husband who has been ordered to pay a fine under an equalization order is a post-bankruptcy debt? (Nova Scotia, Canada)
What are the grounds of appeal in a case brought by the Court of Appeal? (Nova Scotia, Canada)
Is a plaintiff’s litigation plan and certification order relevant to common issues? (Nova Scotia, Canada)
What is the test for a variation of an order where a party is seeking to change the existing order? (Nova Scotia, Canada)
In what circumstances will a judge order costs for work "thrown away" as a result of an adjournment granted on the first day of a trial? (Nova Scotia, Canada)
What is the impact of a recent decision in a family law case in which a husband has been ordered to pay his ex-wife’s life insurance in order to get a beneficial interest in his life insurance policy? (Nova Scotia, Canada)
