Alementary Services Ltd. v. Nova Scotia (Alcohol and Gaming)
Applying Dunsmuir and relevant Nova Scotia authority, the appropriate standard of review was reasonableness; the Court found the Board's decision reasonable on all issues and dismissed the appeal, and because the court-ordered stay caused the original suspension dates to lapse the matter was remitted to the Board to...
Source-derived case information.
- Citation
- 2009 NSCA 97
- Parties
- Appellant: Alementary Services Limited; Respondent: Alcohol and Gaming Division; Respondent: Attorney General of Nova Scotia; Respondent: Nova Scotia Utility and Review Board
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 28 September 2009
- Procedural Posture
- Appeal / Court of Appeal Oral Reasons and Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Standard of Review, Reasonableness, Judicial Review, Remittal, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alementary Services Limited
Appellant
Alcohol and Gaming Division
Respondent
Attorney General of Nova Scotia
Respondent
Nova Scotia Utility and Review Board
Respondent
Procedural Posture
Appeal / Court of Appeal Oral Reasons and Judgment
Legal Issues
- 1 What is the appropriate standard of review for the Board's decision?
- 2 Whether the Nova Scotia Utility and Review Board's decision was reasonable
- 3 Whether the appeal should be allowed and the suspension enforced or remitted given the stay and passage of original suspension dates
Ratio Decidendi
Applying Dunsmuir and relevant Nova Scotia authority, the appropriate standard of review was reasonableness; the Court found the Board's decision reasonable on all issues and dismissed the appeal, and because the court-ordered stay caused the original suspension dates to lapse the matter was remitted to the Board to determine new suspension dates.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No costs awarded
Full Case Text
Judgment text and source record
1 paragraphs
Alementary Services Ltd. v. Nova Scotia (Alcohol and Gaming) Court Court of Appeal Date 2009-09-28 Citation 2009 NSCA 97 Docket CA 311401 Judge/Registrar/Adjudicator MacDonald, J. Michael (Honourable Chief Justice) (CA); Bateman, Nancy J. (Honourable Justice) (CA); Roscoe, Elizabeth A. (Honourable Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Alementary Services Ltd. v. Nova Scotia (Alcohol and Gaming), 2009 NSCA 97 Date: 20090928 Docket: CA 311401 Registry: Halifax Between: Alementary Services Limited Appellant v. Alcohol and Gaming Division, and The Attorney General of Nova Scotia, and the Nova Scotia Utility and Review Board Respondents Judges: MacDonald, C.J.N.S.; Roscoe and Bateman, JJ.A. Appeal Heard: September 28, 2009, in Halifax, Nova Scotia Written Judgment: September 30, 2009 Held: Appeal dismissed per oral reasons for judgment of MacDonald, C.J.N.S.; Roscoe and Bateman, JJ.A. concurring. Counsel: Christopher Robinson, for the appellant Dale Darling, for the respondent Alcohol and Gaming Division Edward Gores, Q.C. for the respondent Attorney General of Nova Scotia not appearing Bruce Outhouse, Q.C. for the respondent Nova Scotia Utility and Review Board not appearing Reasons for judgment: (Orally) [1] Having been guided by the Supreme Court of Canada’s decision in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 and this Court’s decision in Whiskey’s Lounge Ltd v. Nova Scotia (Utility and Review Board), 2007 NSCA 95, we agree with the respondent Board’s submission that the standard of review for each issue identified by the appellant is reasonableness. Applying this standard to each issue, we are of the unanimous view that the Board’s decision was reasonable in all aspects. Therefore the appeal is dismissed but in the circumstances without costs. [2] Because this Court issued a stay of execution pending the hearing of this appeal, the dates for the original suspension have now past. We therefore remit the matter back to the Board to determine the new suspension dates. MacDonald, C.J.N.S. Concurred in: Roscoe, J.A. Bateman, J.A.