Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38620
Wayne Oakley v. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia, et al.
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-10-25 | Close file on Leave | |
| 2019-10-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-10-25 | Judgment on leave sent to the parties | |
| 2019-10-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 475173, 2019 NSCA 14, dated March 6, 2019, is dismissed with costs to the respondent Atlantic Mining NS Corp (Formerly known as DDV Gold Limited). Dismissed, with costs |
|
| 2019-09-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-06-14 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-06-14 | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia |
| 2019-06-13 | Notice of name, (Letter Form), Amended notice required-rec'd 2019/06/19 | Atlantic Mining NS Corp (formerly known as DDV Gold Limited), a body corporate |
| 2019-06-13 | Certificate (on limitations to public access), (Letter Form) | Atlantic Mining NS Corp (formerly known as DDV Gold Limited), a body corporate |
| 2019-06-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-06-13 | Atlantic Mining NS Corp (formerly known as DDV Gold Limited), a body corporate |
| 2019-05-15 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019/05/15 | |
| 2019-05-06 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Wayne Oakley |
| 2019-05-06 | Application for leave to appeal, (Book Form), Completed on: 2019-05-06 | Wayne Oakley |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Oakley, Wayne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia | Respondent | Active |
| Atlantic Mining NS Corp (formerly known as DDV Gold Limited), a body corporate | Respondent | Active |
| Nova Scotia Utility and Review Board | Respondent | Active |
Counsel
Party: Oakley, Wayne
Counsel
Jennifer R. Singh
1801 Hollis Street
Suite 1200
Halifax, Nova Scotia
B3J 2N6
Telephone: (902) 405-8000
FAX: (902) 405-8001
Email: rpineo@pattersonlaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
Counsel
1690 Hollis Street, 8th Floor
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: edward.gores@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Atlantic Mining NS Corp (formerly known as DDV Gold Limited), a body corporate
Counsel
Matt Saunders
1100-1959 Upper Water Street
Halifax, Nova Scotia
B3J 3E5
Telephone: (902) 491-4217
FAX: (902) 421-3130
Email: mkelly@coxandpalmer.com
Party: Nova Scotia Utility and Review Board
Counsel
500 - 1568 Hollis Street
P.O. Box 2147, Stn. Central
Halifax, Nova Scotia
B3J 3B7
Telephone: (902) 425-6000
FAX: (902) 429-7347
Email: bouthouse@bloisnickerson.com
Summary
Keywords
Expropriation — Remedy — Non pecuniary losses — Does this Court’s interpretation of Ontario’s expropriation legislation apply to all expropriation legislation proclaimed in Canada? — Does the term “losses” contained in Canadian expropriation legislation include non pecuniary damages?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Atlantic Mining NS Corp owns and operates a gold mine in the rural Nova Scotia community of Moose River Gold Mines. Atlantic acquired some surface title by negotiation. In other cases, Atlantic resorted to expropriation. Wayne Oakley purchased his property in this region in 1997. Atlantic wanted Mr. Oakley’s property for its mine and negotiations were unsuccessful. As a result, in 2012 Atlantic expropriated Mr. Oakley’s residential property. This was done through a vesting order issued by the Minister of Natural Resources under s. 70 of the Mineral Resources Act, SNS 1990, c. 18. In addition to out of pocket expenses, Mr. Oakley claimed he should be paid non pecuniary “losses” for disturbance. The parties agreed on a market value for the residential property but the remaining issue of disturbance losses went before the Nova Scotia Utility and Review Board for determination. The Utility and Review Board agreed with Mr. Oakley that he was entitled to non pecuniary “losses” as damages and awarded him the maximum allowable statutory amount of 15% of the market value of his home. The Court of Appeal allowed the appeal and replaced the damages award with a 2% award instead.
Lower court rulings
Nova Scotia Utility and Review Board
M07287, 2018 NSUARD 37
Award of 15% of market value of property as losses for disturbance.
Nova Scotia Court of Appeal
CA 475173, 2019 NSCA 14
Appeal allowed. Award for disturbance reduced to 2% of market value.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available