Schwartz v HRM et al
David Schwartz
Law Firm / Organization
Self Represented
The Halifax Regional Municipality, a body corporate pursuant to the Municipal Government Act of 1998
Law Firm / Organization
Halifax Regional Municipality
Canadian International Capital Inc.
Law Firm / Organization
Stewart McKelvey

Context:

  • Schwartz opposed developments near his property.
  • He initially appealed to the Nova Scotia Utility and Review Board (NSUARB), which ruled it lacked jurisdiction under the HRM Charter.

Court Analysis:

  • Delay: Significant but excused due to misleading HRM information and legal novelty.
  • Intent: Schwartz promptly appealed, showing a bona fide intention for review.
  • Excuse for Delay: Misleading HRM information was reasonable.
  • Merit: Grounds for review were not frivolous.
  • Prejudice: Both parties faced potential prejudice; HRM's misleading information contributed to the delay.

Conclusion: Schwartz’s motion to extend time for filing Notices for Judicial Review was granted until March 28, 2024. Costs of $500 were awarded against Canadian International Capital Inc., with no costs sought by or against HRM.

 

Supreme Court of Nova Scotia
530222
Real estate
$ 500
Applicant