Wilson v. Nova Scotia (Attorney General)
The appeal was dismissed because the appellants failed to identify any question of the Board's jurisdiction or any error of law as required by s.30 of the Utility and Review Board Act; absent such issues, the Court will not disturb the Board's order.
Source-derived case information.
- Citation
- 2012 NSCA 14
- Parties
- Appellant: Douglas C. Wilson; Appellant: Kathleen A. Wilson; Respondent: The Attorney General of Nova Scotia; Respondent: Nova Scotia Utility and Review Board
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 7 February 2012
- Procedural Posture
- Appeal From Administrative Board Decision / Decision on Appeal at Nova Scotia Court of Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Jurisdiction, Question of Law, Scope of Appeal, Payment Schedule
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas C. Wilson
Appellant
Kathleen A. Wilson
Appellant
The Attorney General of Nova Scotia
Respondent
Nova Scotia Utility and Review Board
Respondent
Procedural Posture
Appeal From Administrative Board Decision / Decision on Appeal at Nova Scotia Court of Appeal
Legal Issues
- 1 Whether the Board lacked jurisdiction to make the order appealed from
- 2 Whether the Board committed an error of law in upholding the Dispute Resolution Officer's proposed schedule of payments
Ratio Decidendi
The appeal was dismissed because the appellants failed to identify any question of the Board's jurisdiction or any error of law as required by s.30 of the Utility and Review Board Act; absent such issues, the Court will not disturb the Board's order.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Wilson v. Nova Scotia (Attorney General) Court Court of Appeal Date 2012-02-07 Citation 2012 NSCA 14 Docket CA 353659 Judge/Registrar/Adjudicator Beveridge, Duncan R. (Honourable Justice) (CA); Hamilton, M. Jill (Honourable Justice); MacDonald, J. Michael (Honourable Chief Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Wilson v. Nova Scotia (Attorney General), 2012 NSCA 14 Date: 20120207 Docket: CA 353659 Registry: Halifax Between: Douglas C. Wilson and Kathleen A. Wilson Appellants v. The Attorney General of Nova Scotia and Nova Scotia Utility and Review Board Respondents Judges: MacDonald, C.J.N.S., Hamilton and Beveridge, JJ.A. Appeal Heard: January 26, 2012, in Halifax, Nova Scotia Held: Appeal dismissed, per judgment of the Court. Counsel: Appellants in person Mark Rieksts, for the respondent, The Attorney General of Nova Scotia, not participating Richard J. Melanson, for the respondent, Nova Scotia Utility and Review Board, not participating By the Court: [1] The appellants appeal the decision of the Nova Scotia Utility and Review Board dated July 5, 2011, in which the Board upheld the decision of the Dispute Resolution Officer with respect to the proposed schedule of payments to be made by the appellants to Nova Scotia Power Incorporated. [2] The respondents chose not to participate in the appeal. [3] Section 30 of the Utility and Review Board Act, 1992, c. 11, s. 1, permits an appeal to this Court from an order of the Board “upon any question as to its jurisdiction or upon any question of law”. After a thorough review of all the materials filed by the appellants and a consideration of their oral arguments, we cannot find any issue going to the jurisdiction of the Board or an error of law. The appeal is therefore dismissed. MacDonald, C.J.N.S. Hamilton, J.A. Beveridge, J.A.