Halifax (City) v. Nova Scotia (Attorney General)
The Court unanimously held that because the factual record was unsatisfactory, it would be improper to interpret Section 5 of the Settlement Act on the existing record and therefore the matter must be remitted to the Family Court to be decided on the basis of proper evidence.
Source-derived case information.
- Citation
- 1993 NSCA 19
- Parties
- Appellant: City of Halifax; Respondent: Attorney General of Nova Scotia; Respondent: Municipality of the District of Chester
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 3 February 1993
- Procedural Posture
- Appeal / Court of Appeal Judgment Remitting Matter to Family Court
- Outcome
- Appeal allowed in part and remitted to Family Court for rehearing with proper evidence
- Legal Topics
- Remittal to Lower Court, Settlement Act S.5 Interpretation, Adequacy of Evidence, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
City of Halifax
Appellant
Attorney General of Nova Scotia
Respondent
Municipality of the District of Chester
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment Remitting Matter to Family Court
Legal Issues
- 1 Whether the Court of Appeal should interpret Section 5 of the Settlement Act on the existing record
- 2 Whether the matter should be remitted to the Family Court for further evidence
- 3 Whether proceeding without proper factual findings would be unfair to the parties especially the Municipality of Chester
Ratio Decidendi
The Court unanimously held that because the factual record was unsatisfactory, it would be improper to interpret Section 5 of the Settlement Act on the existing record and therefore the matter must be remitted to the Family Court to be decided on the basis of proper evidence.
Court Disposition
Appeal allowed in part and remitted to Family Court for rehearing with proper evidence
Orders
- Matter remitted to the Family Court to be decided upon on the basis of proper evidence to be adduced
Full Case Text
Judgment text and source record
1 paragraphs
Halifax (City) v. Nova Scotia (Attorney General) Court Court of Appeal Date 1993-02-03 Citation 1993 NSCA 19 Docket SCA 02720 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Freeman, Gerald B. (Honourable Justice) (CA); Hallett, J. Doane (Honourable Justice) (CA) Document Type Decision Decision Content S.C.A. No. 02720 NOVA SCOTIA COURT OF APPEAL Hallett, Chipman and Freeman, JJ.A. Cite as: Halifax (City) v. Nova Scotia (Attorney General), 1993 NSCA 19 BETWEEN: CITY OF HALIFAX ) Mary Ellen Donovan ) for the Appellant Appellant ) ) Alex F. Shaw, Q.C. - and - ) for the Respondent ) The Attorney General of Nova Scotia THE ATTORNEY GENERAL OF ) NOVA SCOTIA, representing Her ) Samuel R. Lamey Majesty the Queen in Right of the ) for the Respondent the Province of Nova Scotia as ) The Municipality of the District of represented in this behalf by the ) Chester Honourable Minister of Community ) Services, and THE MUNICIPALITY ) Appeal Heard: OF THE DISTRICT OF CHESTER ) February 3, 1993 ) Respondents ) Judgment Delivered: ) February 3, 1993 ) ) ) ) THE COURT: Matter remitted to Family Court to be decided upon on the basis of proper evidence to be adduced per oral reasons for judgment of Hallett, J.A.; Chipman and Freeman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: HALLETT, J.A. We are of the unanimous opinion that this matter should be remitted to the Family Court to be decided on the basis of proper evidence to be adduced. Considering how the matter proceeded before Judge Hebb it would be unfair to any of the parties and, in particular, the Municipality of Chester to do otherwise. We are not prepared to interpret Section 5 of the Settlement Act other than in the context of a satisfactory factual situation which does not exist in this case. J.A. Concurred in: Chipman, J.A. Freeman, J.A. NOVA SCOTIA COURT OF APPEAL Hallett, Chipman and Freeman, JJ.A. BETWEEN: CITY OF HALIFAX ) ) Appellant ) ) - and - ) ) THE ATTORNEY GENERAL OF ) REASONS FOR NOVA SCOTIA, representing Her ) JUDGMENT BY: Majesty the Queen in Right of the ) the Province of Nova Scotia as ) HALLETT, J.A. in this behalf by the ) (orally) Honourable Minister of Community ) Services, and THE MUNICIPALITY ) OF THE DISTRICT OF CHESTER ) ) Respondents )