Antigonish/Guysborough Federation of Agriculture v. Antigonish County (Municipality)
The appeal was dismissed because there was no decision of the Town of Antigonish subject to judicial review; absent a reviewable decision, the application judge's conclusion stands and the appeal fails.
Source-derived case information.
- Citation
- 2013 NSCA 71
- Parties
- Appellant: Antigonish/Guysborough Federation of Agriculture; Respondent: The Municipality of the County of Antigonish; Respondent: The Town of Antigonish
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2013
- Procedural Posture
- Judicial Review Appeal / Appeal to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Justiciability, Municipal Decision Making, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antigonish/Guysborough Federation of Agriculture
Appellant
The Municipality of the County of Antigonish
Respondent
The Town of Antigonish
Respondent
Procedural Posture
Judicial Review Appeal / Appeal to Court of Appeal
Legal Issues
- 1 Whether there was a decision of the Town of Antigonish subject to judicial review
- 2 Whether the application judge erred in finding there was no decision by the Town
- 3 Appropriate allocation of costs
Ratio Decidendi
The appeal was dismissed because there was no decision of the Town of Antigonish subject to judicial review; absent a reviewable decision, the application judge's conclusion stands and the appeal fails.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs to the Town of Antigonish in the amount of $1,000 inclusive of disbursements
- Costs of $1,000 to be paid $500 by the Federation of Agriculture and $500 by the County of Antigonish
Full Case Text
Judgment text and source record
1 paragraphs
Antigonish/Guysborough Federation of Agriculture v. Antigonish County (Municipality) Court Court of Appeal Date 2013-06-11 Citation 2013 NSCA 71 Docket CA 408935 Judge/Registrar/Adjudicator Beveridge, Duncan R. (Honourable Justice) (CA); Farrar, David P.S. (Honourable Justice) (CA); Bryson, Peter M.S. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Antigonish/Guysborough Federation of Agriculture v. Antigonish County (Municipality), 2013 NSCA 71 Date: 20130611 Docket: CA 408935 Registry: Halifax Between: Antigonish/Guysborough Federation of Agriculture Appellant v. The Municipality of the County of Antigonish and the Town of Antigonish Respondents Judges: Beveridge, Farrar and Bryson, JJ.A. Appeal Heard: June 11, 2013, in Halifax, Nova Scotia Written Release: June 14, 2013 Held: Appeal dismissed with costs per oral reasons for judgment of Beveridge, J.A.; Farrar and Bryson, JJ.A. concurring Counsel: Daniel J. MacIsaac, for the appellant Adam Rodgers, for the respondent (County of Antigonish) Duncan J. Chisholm, for the respondent (Town of Antigonish) Reasons for judgment: (Orally) [1] We are unanimously of the view the appeal should be dismissed. We agree with the application judge there was no decision of the Town of Antigonish to be judicially reviewed by the Court. The appeal is dismissed with costs of the Town of Antigonish in the amount of $1,000, inclusive of disbursments, to be paid $500 by the Federation of Argiculture and $500 by the County of Antigonish. Beveridge, J.A. Concurred in: Farrar, J.A. Bryson, J.A.