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The court held that Lorna Vanderhaeghe did not need a new development variance permit before seeking amendments to existing permits, and ordered expedited processing.
Neighbours disputed a strata building scheme breach over an extension outside a building envelope. The court dismissed the injunction claim, extended Lot 3’s envelope, and adjourned broader scheme amendment relief.
Leave to appeal an arbitral award was dismissed because the appellant raised no question of law; the GAAP-based liability findings were treated as factual.
The Court of Appeal dismissed an application to vary a single justice’s refusal of leave to appeal in a property assessment dispute over classification of wastewater treatment facilities.
Sentencing for civil contempt over unremoved seawalls on Mudge Island. The court imposed a $2,500 fine, a graduated $7,500 further fine, and special costs.
The court found a reckless trespass after timber harvesting cut trees on the plaintiffs’ property and awarded restoration, amenity, and punitive damages.
The Court of Appeal allowed the appeal because the landlord’s notice did not strictly identify the particular breach relied upon as required by s.19(2) of the Commercial Tenancies Act, the motion judge failed to consider that the Dry Cleaners Regulation provided alternative means of compliance and the appellant’s uncontradicted evidence that the training course was unavailable meant the breach could not reasonably be remedied in the time given; therefore the termination was unlawful and summary judgment was set aside and remitted for assessment of damages.
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The court dismissed a nuisance claim over drainage runoff, finding only a modest increase in water on the plaintiff’s land that was not substantial enough.
The court upheld preliminary approval of a 35-lot bare land strata subdivision, holding the approving officer acted within the Bare Land Strata Regulations and the OCP was not controlling under s. 87 of the LTA.
Court found Crown proved the subcontractor removed waste outside HRM but did not prove Bird or Silverbirch 'permitted' the breach; contractual obligations plus active, regular monitoring (on-site superintendent, LEED logs, invoices) established a reasonable system of supervision; therefore defendants proved due diligence and are not guilty under s.369(1).
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