Judge Grants Extension to Apply for Judicial Review into Owls Head Decision

Stuart Peddle
The Chronicle Herald
August 5, 2020

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HALIFAX, N.S. — A Nova Scotia Supreme Court judge has granted opponents of the province’s decision to delist Owls Head as a provincial park reserve an extension to file for a judicial review of the matter.

Justice Kevin Coady heard arguments from Jamie Simpson, the lawyer for Bob Bancroft and the Eastern Shore Forest Watch Association, on June 29. They were seeking permission to file their review application even though the six-month time limit to file after the decision was made had passed.

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N.S. Supreme Court Grants Environmentalists More Time to Appeal Cabinet Decision

Sydnee Lynn at Save Owls Head Rally - Photo by David Sorcher
Battle is over Owls Head, a 285-hectare piece of Crown land on Nova Scotia’s Eastern Shore

Blair Rhodes
CBC News
August 5, 2020

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In a decision released Wednesday, Nova Scotia Supreme Court Justice Kevin Coady granted Bancroft and the forest watch association more time to file their request for a judicial review.

“The Applicants have a reasonable excuse for the delay,” Justice Coady wrote.

Coady added that the applicants “will suffer prejudice if the extension is not granted” but the respondent “will suffer little prejudice” if it is.

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Owls Head Dancing on the Head of a Pin

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Richard Bell
Eastern Shore Cooperator
July 13, 2020

Granite Ridge at Owls Head

At a hearing before Supreme Court Judge Kevin Coady on June 29, opponents of the province’s plan to destroy Owls Head Provincial Park learned that the fate of the 600-plus acres of coastal land may hinge on the narrowest of legal points

On December 18, 2019, CBC’s Michael Gorman wrote that through a Freedom of Information request, he had learned that the Cabinet, acting on a request from the Department of Lands and Forestry, had delisted Owls Head Provincial Park on March 13, 2019, but had hidden the decision from the public.

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Supreme Court mulls whether to review controversial Owls Head decision

Taryn Grant 
CBC News
Jun 29, 2020 6:52 PM AT 

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Before the province’s lawyer, Jack Townsend, delivered his arguments to the court, Coady asked him why an extension should be fought, if the review was worthwhile.

“Don’t you think it’s always best to decide issues such as this on the merits, rather than on the procedural obstacles that can pop up because of people dragging their feet or inadvertence or complacency or something of that nature?” Coady said.

Province says a review ‘would be a waste of time’

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Lawyer: Roughly half of N.S. provincial parks awaiting designation, like Owls Head was before delisting

Owls Head - Vision Air

Nicole Munro
The Chronicle Herald
June 28, 2020

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HALIFAX, N.S. — Starting Monday, an environmental lawyer will make his case to a Nova Scotia Supreme Court judge to allow for a judicial review of the delisting of Owls Head Provincial Park and its negotiated sale to a private golf course developer. 

But the two-day hearing is only the start to ensuring Nova Scotia’s Department of Lands and Forestry is open and transparent about all of its provincial parks, whether they’re officially designated or pending approval, Jamie Simpson said. 

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