Case information
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41344
Brian Thomas Goldie, et al. v. Municipality of the County of Kings
(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) |
|---|---|---|
| 2024-11-22 | Close file on Leave | |
| 2024-11-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-11-21 | Judgment on leave sent to the parties | |
| 2024-11-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file a fifth volume of the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 523820, 2024 NSCA 37, dated March 27, 2024, is dismissed. Dismissed |
|
| 2024-11-21 | Decision on motion to extend time, See decision on application | |
| 2024-10-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-15 | Submission of motion to extend time, for consideration by the Court | |
| 2024-09-11 | Motion to extend time, (Book Form), for filing an additional volume of the LTA on 08-26-2024., Completed on: 2024-09-13 | Brian Thomas Goldie |
| 2024-06-28 | Notice of name | Brian Thomas Goldie |
| 2024-06-28 | Certificate (on limitations to public access) | Brian Thomas Goldie |
| 2024-06-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-06-18 |
Certificate (on limitations to public access), 23A Amended version required (Rec'd 06-28-2024), (Printed version filed on 2024-07-22) |
Brian Thomas Goldie |
| 2024-05-27 |
Application for leave to appeal, (Book Form), 5 Volumes Missing: - Proof of service of Volume 5 (Rec'd 09-04-2024) - Amended notice of application (Legal provision) (Rec'd 06-28-2024) - Public access to information form (Rec'd 06-28-2024) - Notice of name (Form 14) (Rec'd 06-28-2024) , Completed on: 2024-07-05 |
Brian Thomas Goldie |
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 |
|---|---|---|
| Goldie, Brian Thomas | Applicant | Active |
| Goldie, Margaret Ann | Applicant | Active |
| Central Valley Aircraft Incorporated | Applicant | Active |
| Greenwood Flight Centre | Applicant | Active |
| GFC Aircraft Maintenance | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Municipality of the County of Kings | Respondent | Active |
Counsel
Party: Goldie, Brian Thomas
This party is not represented by counsel.
Party: Goldie, Margaret Ann
This party is not represented by counsel.
Party: Central Valley Aircraft Incorporated
This party is not represented by counsel.
Party: Greenwood Flight Centre
This party is not represented by counsel.
Party: GFC Aircraft Maintenance
This party is not represented by counsel.
Party: Municipality of the County of Kings
Counsel
24 Webster Court
Kentville, Nova Scotia
B4N 1H2
Telephone: (902) 678-1616
FAX: (902) 678-1615
Email: pnathanson@24webster.com
Summary
Keywords
Access to information — Civil Procedure — Contempt of court — Order for production of documents — Applicants’ business operated out of airport that respondent municipality sought to relocate — Applicants requesting records from municipality related to decision to close airport, as applicants required to vacate leased premises on airport land — Municipality refusing request for records within statutory deadline, eventually disclosing thousands of pages of records — Whether lower courts erred in ruling municipality did not fail to disclose records requested and was not in contempt of court.
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.
The Goldies owned and operated an aircraft maintenance business out of the Kings County Municipal Airport. The airport land was owned by the respondent, the Municipality of the County of Kings, which decided to close and relocate the airport. The Goldies were required to vacate their leased premises.
The Goldies filed several access to information requests with the respondent, requesting records related to the decision to close the airport. The respondent failed to meet this statutory deadline and was deemed to have refused access to the requested records; eventually, the respondent disclosed thousands of pages of records.
The Supreme Court of Nova Scotia dismissed the contempt motion against the respondent, as the grounds were vague and for the most part were not connected to the terms of an order of the court. With one exception, the court determined the municipality did not withhold records. The Nova Scotia Court of Appeal found no errors of fact or law in the lower court’s decision and dismissed the appeal.
Lower court rulings
Motion for contempt dismissed; appeal allowed in part.
Appeal dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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