Case information
Consult our database for details on a Supreme Court of Canada case.
39678
Tri-C Management Limited, et al. v. Attorney General 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) |
|---|---|---|
| 2022-04-21 | Close file on Leave | |
| 2022-04-05 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2022-04-05 | Certificate of taxation issued to, Sean Foreman, Q.C. | |
| 2022-04-05 | Decision on the bill of costs, in the amount of $1,143.67, Reg | |
| 2022-04-05 | Submission of the bill of costs, Reg | |
| 2021-11-09 | Bill of costs, (Letter Form), Completed on: 2022-03-22, (Printed version filed on 2021-11-12) | Attorney General of Nova Scotia |
| 2021-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-10-21 | Judgment on leave sent to the parties | |
| 2021-10-21 |
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 497658, 2021 NSCA 26, dated March 17, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2021-09-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-16) | Attorney General of Nova Scotia |
| 2021-08-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-09-20, (Printed version due on 2021-08-16) | Attorney General of Nova Scotia |
| 2021-06-23 | Notice of name, (Letter Form), (Printed version due on 2021-06-30) | Tri-C Management Limited |
| 2021-06-07 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-06-07 |
|
| 2021-05-17 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-05-17) | Tri-C Management Limited |
| 2021-05-17 |
Application for leave to appeal, (Book Form), Require: - Trial Court (UARB) Orders (rec'd 2021-06-23) - Notice of name (rec'd 2021-06-23) - Filing fee (rec'd 2021-07-30), Completed on: 2021-09-20, (Printed version filed on 2021-05-17) |
Tri-C Management Limited |
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 |
|---|---|---|
| Tri-C Management Limited | Applicant | Active |
| Justamere Café Limited | Applicant | Active |
| Pleasant Valley Nurseries Limited | Applicant | Active |
| Down to Earth Art Gallery Inc. | Applicant | Active |
| Dream Catcher's Deli & Treats Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia | Respondent | Active |
| Nova Scotia Utility and Review Board | Respondent | Active |
Counsel
Party: Tri-C Management Limited
Counsel
Paul Wadden
1801 Hollis Street
Suite 1200
Halifax, Nova Scotia
B3J 2N4
Telephone: (902) 405-8167
FAX: (902) 405-8001
Email: rpineo@pattersonlaw.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Justamere Café Limited
Counsel
Paul Wadden
1801 Hollis Street
Suite 1200
Halifax, Nova Scotia
B3J 2N4
Telephone: (902) 405-8167
FAX: (902) 405-8001
Email: rpineo@pattersonlaw.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Pleasant Valley Nurseries Limited
Counsel
Paul Wadden
1801 Hollis Street
Suite 1200
Halifax, Nova Scotia
B3J 2N4
Telephone: (902) 405-8167
FAX: (902) 405-8001
Email: rpineo@pattersonlaw.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Down to Earth Art Gallery Inc.
Counsel
Paul Wadden
1801 Hollis Street
Suite 1200
Halifax, Nova Scotia
B3J 2N4
Telephone: (902) 405-8167
FAX: (902) 405-8001
Email: rpineo@pattersonlaw.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Dream Catcher's Deli & Treats Limited
Counsel
Paul Wadden
1801 Hollis Street
Suite 1200
Halifax, Nova Scotia
B3J 2N4
Telephone: (902) 405-8167
FAX: (902) 405-8001
Email: rpineo@pattersonlaw.ca
Agent
1800 - 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
Counsel
Jack Townsend
1690 Hollis Street, 8th Floor
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-2379
FAX: (902) 424-1730
Email: sean.foreman@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Nova Scotia Utility and Review Board
Counsel
1645 Granville Street, Suite 1100
Halifax, Nova Scotia
B3J 1X3
Telephone: (902) 425-6000
FAX: (902) 429-7347
Email: bouthouse@bloisnickerson.com
Summary
Keywords
Expropriation — Injurious affection — Torts — Nuisance — How to apply principles of tort of public nuisance in context of injurious affection without a taking of land — When determining whether an impairment to access to property is substantial, what is the relevance if any of the proximity of the impairment to the injured property — Whether indeterminate liability of a party impairing access to property is a consideration in an analysis of the reasonableness of an impairment — Expropriation Act, R.S.N.S. 1989, c. 156.
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.
Highway 104 in Nova Scotia used to pass through the Town of Antigonish. The Province of Nova Scotia constructed a by pass diverting highway traffic around Antigonish. The by passed portion of highway became a trunk highway. Five businesses commenced claims for injurious affection. The Nova Scotia Utility and Review Board dismissed the claims. The Court of Appeal dismissed appeals and a cross-appeal.
Lower court rulings
Nova Scotia Utility and Review Board
M07925; M07933; M07934;, M07936; M07937
See file
Nova Scotia Court of Appeal
CA 497658; 2021 NSCA 26
Appeals and cross appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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