Case information
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41801
Durrell Diggs, 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) |
|---|---|---|
| 2025-12-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-12-04 | Judgment on leave sent to the parties | |
| 2025-12-04 |
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, Numbers CA 532261 and CA 532264, 2025 NSCA 20, dated March 13, 2025, is granted. Granted |
|
| 2025-10-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-19 |
Applicant's reply to respondent's argument, (Book Form), Missing: -Proof of service (Received June 23, 2025) , Completed on: 2025-06-23, (Printed version filed on 2025-06-20) |
Durrell Diggs |
| 2025-06-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-11) | Attorney General of Nova Scotia |
| 2025-06-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-06-10, (Printed version filed on 2025-06-11) | Attorney General of Nova Scotia |
| 2025-06-02 | Correspondence received from, Amendments | Durrell Diggs |
| 2025-05-23 |
Lower court order - e-filing, (Letter Form), CA Order of Durrell Diggs MISSING : -Proof of service (Rec'd 2025-05-29), (Printed version filed on 2025-05-26) |
Durrell Diggs |
| 2025-05-16 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-05-20, (Printed version due on 2025-05-26) | Nova Scotia Health Authority |
| 2025-05-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-05-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-05-09) | Durrell Diggs |
| 2025-05-09 |
Application for leave to appeal, (Book Form), Amended version received 06-02-2025 Missing: - Proof of service (Rec'd 2025-05-12), Completed on: 2025-05-12, (Printed version filed on 2025-06-02) |
Durrell Diggs |
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 |
|---|---|---|
| Diggs, Durrell | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia | Respondent | Active |
| Nova Scotia Health Authority | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Wilband, Ryan Taylor | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia | Respondent | Active |
Counsel
Party: Diggs, Durrell
Counsel
Hanna Garson
85 Queen Street
Dartmouth, Nova Scotia
B2Y 1G7
Telephone: (902) 293-0479
Email: ben@benjaminperryman.com
Party: Wilband, Ryan Taylor
Counsel
Hanna Garson
85 Queen Street
Dartmouth, Nova Scotia
B2Y 1G7
Telephone: (902) 293-0479
Email: ben@benjaminperryman.com
Party: Attorney General of Nova Scotia
Counsel
Caitlin Menczel-O'Neill
Nova Scotia Department of Justice
1690 Hollis Street
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 220-6623
Email: andrew.hill@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: Nova Scotia Health Authority
Counsel
Queen’s Marque
600 – 1741 Lower Water Street
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3200
FAX: (902) 420-1417
Email: srcampbell@stewartmckelvey.com
Summary
Keywords
Courts – Jurisdiction – Prerogative writs – Habeas corpus – Correctional facility detainees challenging legality of rotational lockdowns imposed due to staff shortages – Application judge declaring lockdowns unlawful – Declarations set aside on appeal – Whether placement in solitary confinement as result of operational or policy decisions reviewable by way of habeas corpus
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.
Applicants Durrell Diggs and Ryan Taylor Wilband were both inmates on remand at the Central Nova Scotia Correctional Facility. At the relevant time, the facility was suffering staffing shortages which resulted in rotational lockdowns of inmates. The applicants brought habeas corpus applications arguing that the rotational lockdowns unlawfully deprived them of their residual liberty.
The application judge declared that the lockdowns were unlawful. The respondent Attorney General of Nova Scotia appealed. The Nova Scotia Court of Appeal allowed the appeals and set the declarations aside.
Lower court rulings
Declaration, lockdowns unlawful
Appeals allowed, declarations set aside
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
Not available
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