Nova Scotia (Health) v. Dickie
Because s.41(2) of the Freedom of Information Act required the head of the Department to give notice to the third party on receipt of the appeal and that notice had not been given, the Supreme Court lacked jurisdiction to order further disclosure; the Supreme Court's judgment was therefore set aside and the matter...
Source-derived case information.
- Citation
- 1997 NSCA 32
- Parties
- Appellant: The Department of Health; Respondent: Sharon Dickie
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 January 1997
- Procedural Posture
- Appeal Under the Freedom of Information Act / Court of Appeal Decision (oral Reasons)
- Outcome
- Appeal allowed; Supreme Court judgment set aside for lack of jurisdiction; matter remitted for new hearing after required notice; no order for costs.
- Legal Topics
- Freedom of Information, Disclosure, Notice to Third Parties, Jurisdiction, Remittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Department of Health
Appellant
Sharon Dickie
Respondent
Procedural Posture
Appeal Under the Freedom of Information Act / Court of Appeal Decision (oral Reasons)
Legal Issues
- 1 Whether failure to give statutorily required notice to a third party under s.41(2) of the Freedom of Information Act deprived the Supreme Court of jurisdiction
- 2 Whether the Supreme Court's order for further disclosure must be set aside and the matter remitted for a new hearing after proper notice
Ratio Decidendi
Because s.41(2) of the Freedom of Information Act required the head of the Department to give notice to the third party on receipt of the appeal and that notice had not been given, the Supreme Court lacked jurisdiction to order further disclosure; the Supreme Court's judgment was therefore set aside and the matter remitted for a new hearing after the requisite notice is given.
Court Disposition
Appeal allowed; Supreme Court judgment set aside for lack of jurisdiction; matter remitted for new hearing after required notice; no order for costs.
Orders
- Judgment of the Supreme Court set aside as having been made without jurisdiction
- Matter remitted to the Supreme Court for a new hearing after the head of the Department gives the requisite notice to the third party under s.41(2) of the Freedom of Information Act
Full Case Text
Judgment text and source record
1 paragraphs
Nova Scotia (Health) v. Dickie Court Court of Appeal Date 1997-01-10 Citation 1997 NSCA 32 Docket CA 131292 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Bateman, Nancy J. (Honourable Justice) (CA); Pugsley, Ronald N. (Honourable Justice) Document Type Decision Decision Content C.A. No. 131292 NOVA SCOTIA COURT OF APPEAL Cite as: Nova Scotia (Health) v. Dickie, 1997 NSCA 32 Freeman, Pugsley and Bateman, JJ.A. BETWEEN: THE DEPARTMENT OF HEALTH ) ) Catherine J. Lunn ) for the Appellant Appellant ) ) - and - ) ) I. Claire McNeil ) for the Respondent SHARON DICKIE ) ) ) Respondent ) Appeal Heard: ) January 10, 1997 ) ) ) Judgment Delivered: ) January 10, 1997 ) THE COURT: Appeal allowed without costs per oral reasons for judgment of Freeman, J.A.; Pugsley and Bateman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: FREEMAN, J.A.: This matter is before us as an appeal from the decision of a judge of the Supreme Court of Nova Scotia who ordered further disclosure under the Freedom of Information Act , S.N.S. 1993, c. 5, on an appeal from the decision of the head of the Department of Health accepting the recommendation of a review officer. Section 41(2) of the Act provides: 41 (2) The head of a public body who has refused a request for access to a record or part of a record shall, immediately on receipt of a ntoice of an appeal by an applicant, give written notice of the appeal to any third party that the head of the public body (a) has notified pursuant to this Act; or (b) would have notified pursuant to this Act if the head of the public body had intended to give access to the record or part of the record. On inquiry by the court we were advised by counsel that notice had not been given to the third party. Accordingly, the Supreme Court lacked jurisdiction. The judgment appealed from is set aside as having been made without jurisdiction. The matter is remitted to the Supreme Court where a new hearing will be necessary after the requisite notice has been given by the head of the Department. There will be no order for costs. Freeman, J.A. Concurred in: Pugsley, J.A. Bateman, J.A. C.A. No.131292 NOVA SCOTIA COURT OF APPEAL BETWEEN: THE DEPARTMENT OF HEALTH ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: SHARON DICKIE ) ) FREEMAN, ) J.A. Respondent ) ) ) ) ) ) )