This case was heard in the Nova Scotia Court of Appeal.
After legal proceedings between Pictou Landing First Nation and the Crown concerning contamination caused by an effluent treatment facility at Boat Harbour, Pictou County, the parties struck a Settlement Agreement that included a monetary award to the Pictou Landing Mi’kmaq.
Some of that money was used to create a Continuing Compensation Account that allowed affected members of Pictou Landing First Nation to file claims for loss or damage caused by the operation of the effluent treatment facility. The terms of the Agreement outlined the ways in which claims would be considered and reviewed.
The appellants in this case filed a claim that was heard by an arbitrator. The claim was for compensation for the loss of their lobster business, and it requested $200,000.00 in compensation. After the arbitrator calculated that the appellants should be awarded just $40,000, the appellants appealed to the Nova Scotia Court of Appeal. There, the Court determined that in order for it to set aside the arbitrator’s decision, the appellants would have to demonstrate that the arbitrator made an error in law. After reviewing the record, the Court concluded that the arbitrator had not made an error in law. It therefore dismissed the appeal.
To read another decision related to this case, go to Francis v. Pictou Landing First Nation, 1999 CanLII 9 (NS CA).