S.C.A. No. 02720
NOVA SCOTIA COURT OF APPEAL
Hallett, Chipman and Freeman, JJ.A.
Cite as: Halifax (City) v. Nova Scotia (Attorney General), 1993 NSCA 19
BETWEEN:
CITY OF HALIFAX ) Mary Ellen Donovan
) for the Appellant
Appellant )
) Alex F. Shaw, Q.C.
- and - ) for the Respondent
) The Attorney General of Nova Scotia
THE ATTORNEY GENERAL OF )
NOVA SCOTIA, representing Her ) Samuel R. Lamey
Majesty the Queen in Right of the ) for the Respondent
the Province of Nova Scotia as ) The Municipality of the District of represented in this behalf by the ) Chester
Honourable Minister of Community )
Services, and THE MUNICIPALITY ) Appeal Heard:
OF THE DISTRICT OF CHESTER ) February 3, 1993
)
Respondents ) Judgment Delivered:
) February 3, 1993
)
)
)
)
THE COURT: Matter remitted to Family Court to be decided upon on the basis of proper evidence to be adduced per oral reasons for judgment of Hallett, J.A.; Chipman and Freeman, JJ.A. concurring.
The reasons for judgment of the Court were delivered orally by:
HALLETT, J.A.
We are of the unanimous opinion that this matter should be remitted to the Family Court to be decided on the basis of proper evidence to be adduced. Considering how the matter proceeded before Judge Hebb it would be unfair to any of the parties and, in particular, the Municipality of Chester to do otherwise. We are not prepared to interpret Section 5 of the Settlement Act other than in the context of a satisfactory factual situation which does not exist in this case.
J.A.
Concurred in:
Chipman, J.A.
Freeman, J.A.
NOVA SCOTIA COURT OF APPEAL
Hallett, Chipman and Freeman, JJ.A.
BETWEEN:
CITY OF HALIFAX )
)
Appellant )
)
- and - )
)
THE ATTORNEY GENERAL OF ) REASONS FOR
NOVA SCOTIA, representing Her ) JUDGMENT BY:
Majesty the Queen in Right of the )
the Province of Nova Scotia as ) HALLETT, J.A.
in this behalf by the ) (orally)
Honourable Minister of Community )
Services, and THE MUNICIPALITY )
OF THE DISTRICT OF CHESTER )
)
Respondents )