Case information
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42144
Jeffrey Lloyd Evely v. Nova Scotia Human Rights Commission
(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) |
|---|---|---|
| 2026-10-06 | Close file on Leave | |
| 2026-08-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-08-20 | Judgment on leave sent to the parties | |
| 2026-08-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file 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 541268, 2025 NSCA 73, dated October 17, 2025, is dismissed. Dismissed |
|
| 2026-08-20 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2026-07-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-07-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-12-19 | Letter advising parties of an incomplete application for leave to appeal, File opened | |
| 2025-12-17 | Certificate (on limitations to public access), (Letter Form), Public access to information form | Jeffrey Lloyd Evely |
| 2025-12-17 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: -Provision of law (rec'd 2025-12-31), Completed on: 2026-01-05 |
Jeffrey Lloyd Evely |
| 2025-12-17 |
Application for leave to appeal, (Book Form), Missing: -CA Order (N/A) -TC Order (N/A) -Proof of service (transmission slip that indicate the address for the deliveries) (N/A), Completed on: 2026-01-05 |
Jeffrey Lloyd Evely |
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 |
|---|---|---|
| Evely, Jeffrey Lloyd | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nova Scotia Human Rights Commission | Respondent | Active |
Counsel
Party: Evely, Jeffrey Lloyd
This party is not represented by counsel.
Party: Nova Scotia Human Rights Commission
Counsel
Suite 305, Park Lane Terraces
5657 Spring Garden Road
Halifax, Nova Scotia
B3J 3R4
Telephone: (902) 424-4111
FAX: (902) 424-0596
Email: Kendrick.Douglas@novascotia.ca
Summary
Keywords
Human rights — Discriminatory practices — Human rights complaints alleging discrimination accessing services based on political belief, affiliation or activity and religion or creed — How should courts apply Canada (Minister of Immigration and Citizenship) v. Vavilov, 2019 SCC 65 when a tribunal and lower courts rely on a potentially incorrect assumption of statutory authority as a central premise? — What is the interaction between emergency/public health powers and human rights protections when services are denied on protected grounds? — What are the obligations of human rights bodies and reviewing courts to address arguments about the legality of underlying state measures, particularly where the complainant is self-represented and the measures arise in the context of a national public health crisis? — Human Rights Act, R.S.N.S., 1989, c. 214.
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.
During the COVID-19 pandemic, Nova Scotia’s Chief Medical Officer of Health issued health protection orders requiring masks in businesses. The public health orders were issued under the Emergency Management Act, S.N.S. 1990, c. 8 and the Health Protection Act, S.N.S. 2004, c. 4. Mr. Evely refused to wear a mask when entering several businesses and they declined to serve him. Mr. Evely filed human rights complaints alleging discrimination in access to services. He alleged the businesses discriminated against him with respect to the provision of access to services based on political belief, affiliation or activity and religion or creed. The Nova Scotia Human Rights Commission dismissed his complaint at the screening stage. Mr. Evely’s request for reconsideration was denied on the basis that there was no violation of the Human Rights Act. The application for judicial review and the appeal were both dismissed.
Lower court rulings
Application for judicial review dismissed
Appeal dismissed without costs
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