Applicants’ Brief

PRE-HEARING BRIEF SUBMITTED ON BEHALF OF THE APPLICANTS WITH RESPECT TO THEIR APPLICATION FOR JUDICIAL REVIEW

The Applicants in this judicial review challenge the following decisions:

a.the Minister of Lands and Forestry and Treasury and Policy Board’s March 13, 2019 decision to remove Owls Head Provincial Park from the Parks and Protected Areas Plan of 2013; and

b.the Minister of Lands and Forestry’s December 16, 2019 decision to execute a Letter of Offer with Lighthouse Links Development Corporation in order to sell the Owls Head Crown land for private development into resort residences and two or three golf-courses.

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Judicial review sought after Crown land removed from list of pending protected areas

The Canadian Press Staff
Published by Global News
Originally from The Canadian Press
August 18, 2020

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HALIFAX – The lawyer for a retired biologist and an environmental group is seeking judicial review of Nova Scotia’s decision to remove a section of Crown land along the province’s Eastern Shore from a list of pending protected areas.

Jamie Simpson said Tuesday his clients will make an initial appearance in Nova Scotia Supreme Court Sept. 23.

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

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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