This case was heard in the Nova Scotia Court of Appeal.
After the Council of the Municipality of the County of Halifax authorized a development agreement concerning the development and operation of a gravel pit quarry on Hammonds Plains Road, the Nova Scotia Utility and Review Board ("NSUARB") reversed the Council’s decision. Mr. Kynock, the party who proposed to develop and operate the gravel pit quarry, appealed the Board’s decision in the Nova Scotia Court of Appeal. There, the Court held that the NSUARB had acted outside of the jurisdiction and authority that were given to it by Nova Scotia’s Planning Act and had carried out an environmental assessment without having the authority to do so. The Court therefore set aside the Board’s decision and reinstated the approval that had been granted by the Council.