Case information
Consult our database for details on a Supreme Court of Canada case.
39975
Buddy Vernon Cook, et al. v. Municipality of the District of St. Mary’s, 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) |
|---|---|---|
| 2022-12-19 | Close file on Leave | |
| 2022-12-19 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2022-12-13 | Certificate of taxation issued to, Peter M. Rogers, K.C. | |
| 2022-12-13 | Decision on the bill of costs, in the amount of $891.65, Reg | |
| 2022-12-13 | Submission of the bill of costs, Reg | |
| 2022-08-15 | Bill of costs, Completed on: 2022-12-14 | Municipality of the District of St. Mary’s |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 |
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 499429, 2021 NSCA 72, dated October 14, 2021, is dismissed with costs to the respondent, the Municipality of the District of St. Mary’s. Dismissed, with costs |
|
| 2022-02-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-02 | Correspondence received from, (Letter Form), Respondent will not file a response | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia |
| 2022-01-10 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-01-12) | Municipality of the District of St. Mary’s |
| 2022-01-10 | Notice of name, (Letter Form), (Printed version filed on 2022-01-12) | Municipality of the District of St. Mary’s |
| 2022-01-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-14, (Printed version filed on 2022-01-12) | Municipality of the District of St. Mary’s |
| 2021-12-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-24 | |
| 2021-12-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-12-13) | Buddy Vernon Cook |
| 2021-12-13 | Application for leave to appeal, (Book Form), Completed on: 2022-02-14, (Printed version filed on 2021-12-13) | Buddy Vernon Cook |
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 |
|---|---|---|
| Cook, Buddy Vernon | Applicant | Active |
| Cook, Cindy Mildred | Applicant | Active |
| Cook, Robert Leo Vernon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Municipality of the District of St. Mary’s | Respondent | Active |
| Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia | Respondent | Active |
Counsel
Party: Cook, Buddy Vernon
Counsel
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: Cook, Cindy Mildred
Counsel
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: Cook, Robert Leo Vernon
Counsel
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: Municipality of the District of St. Mary’s
Counsel
1300-1969 Upper Water Street
Halifax, Nova Scotia
B3J 3R7
Telephone: (902) 444-8446
FAX: (902) 425-6350
Email: peter.rogers@mcinnescooper.com
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) 424-2379
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) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Property — Real property — Expropriation — Interests in land — Right of way — Common law doctrine of dedication and acceptance — Clarification of the common law test for the dedication and acceptance of a public road and specifically, the correct tests for each of the elements of “dedication” and “acceptance”.
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.
In 2017, the Municipality of the District of St. Mary’s expropriated a gravel laneway that connects the Village of Sherbrooke with Sherbrooke Lake. The Municipality filed an application at the Supreme Court of Nova Scotia pursuant to s. 17 of the Expropriation Act, R.S.N.S. 1989, c. 156, to determine who may be entitled to compensation as a result of the expropriation. The applicants claimed to have acquired, by prescription, a private right of way over the laneway. The Supreme Court of Nova Scotia concluded that the laneway was public at the time of expropriation and that the applicants did not have any private right of way over it. The applicants appealed the decision; however, the Nova Scotia Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
2019 NSSC 374, 470771
Laneway determined to be a public route.
Nova Scotia Court of Appeal
2021 NSCA 72, CA 499429
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