Irving Equipment Limited v. Nova Scotia (Workers' Compensation Appeal Tribunal)
The Court denied leave to appeal because the appellant did not meet the required threshold to justify appellate intervention in respect of the WCAT decision dated August 29, 2024.
Source-derived case information.
- Citation
- 2025 NSCA 66
- Parties
- Appellant: Irving Equipment Limited; Respondent: Nova Scotia Workers' Compensation Appeals Tribunal; Respondent: Workers' Compensation Board of Nova Scotia; Respondent: Attorney General for the Province of Nova Scotia; Respondent: Andrew Alphonsis Starks
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2025
- Procedural Posture
- Appeal / Application for Leave to Appeal (denied)
- Outcome
- Leave to appeal denied; appeal dismissed.
- Legal Topics
- Leave to Appeal, Tribunal Decisions, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irving Equipment Limited
Appellant
Nova Scotia Workers' Compensation Appeals Tribunal
Respondent
Workers' Compensation Board of Nova Scotia
Respondent
Attorney General for the Province of Nova Scotia
Respondent
Andrew Alphonsis Starks
Respondent
Procedural Posture
Appeal / Application for Leave to Appeal (denied)
Legal Issues
- 1 Whether leave to appeal should be granted to challenge the WCAT decision dated August 29, 2024
- 2 Whether the appellant met the threshold for leave to appeal
Ratio Decidendi
The Court denied leave to appeal because the appellant did not meet the required threshold to justify appellate intervention in respect of the WCAT decision dated August 29, 2024.
Court Disposition
Leave to appeal denied; appeal dismissed.
Orders
- Application for leave to appeal filed October 11, 2024 is denied.
Full Case Text
Judgment text and source record
1 paragraphs
Irving Equipment Limited v. Nova Scotia (Workers' Compensation Appeal Tribunal) Court Court of Appeal Date 2025-09-12 Citation 2025 NSCA 66 Docket CA 537431 Judge/Registrar/Adjudicator Bourgeois, Cindy A. (Honourable Justice) (CA); Fichaud, Joel E. (Honourable Justice) (CA); Derrick, Anne S. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Irving Equipment Limited v. Nova Scotia (Workers’ Compensation Appeals Tribunal), 2025 NSCA 66 Date: 20250912 Docket: CA 537431 Registry: Halifax Between: Irving Equipment Limited Appellant - and - Nova Scotia Workers’ Compensation Appeals Tribunal, Workers’ Compensation Board of Nova Scotia, Attorney General for the Province of Nova Scotia, and Andrew Alphonsis Starks Respondents Judges: Bourgeois, Fichaud and Derrick, JJ.A. Appeal Heard: September 11, 2025, in Halifax, Nova Scotia Held: Leave to appeal denied and appeal dismissed per Order for Judgment of the Court Counsel: Amy Bradbury, for the appellant Alison Hickey, for the respondent, Workers’ Compensation Appeals Tribunal (watching brief) Paula Arab, K.C., for the respondent, Workers’ Compensation Board of Nova Scotia Edward A. Gores, K.C., for the respondent, Attorney General for the Province of Nova Scotia (not participating) Kenneth LeBlanc, for the respondent, Andrew Alphonsis Starks CA 537431 NOVA SCOTIA COURT OF APPEAL Between: Irving Equipment Limited Appellant - and - Nova Scotia Workers’ Compensation Appeals Tribunal, Workers’ Compensation Board of Nova Scotia, Attorney General for the Province of Nova Scotia, and Andrew Alphonsis Starks Respondents ORDER FOR JUDGMENT BEFORE: The Honourable Justice Cindy A. Bourgeois The Honourable Justice Joel E. Fichaud The Honourable Justice Anne S. Derrick UPON APPLICATION by the appellant for leave to appeal the decision of the Nova Scotia Workers’ Compensation Appeals Tribunal dated August 29, 2024 (WCAT # 2023-84-AD); AND UPON HEARING Amy Bradbury, for the appellant; Kenneth LeBlanc, for the respondent, Andrew Alphonsis Starks; Paula Arab, K.C., for the respondent, Workers’ Compensation Board of Nova Scotia; Alison Hickey, for the respondent, Workers’ Compensation Appeals Tribunal (watching); and Edward A. Gores, K.C., for the respondent, Attorney General for the Province of Nova Scotia (not appearing); AND UPON READING the material filed herein; IT IS HEREBY ORDERED THAT the application for leave to appeal the decision of the Nova Scotia Workers’ Compensation Appeals Tribunal filed October 11, 2024 is denied. ISSUED at Halifax, Nova Scotia, this 12th day of September, 2025.