This case was heard in the Supreme Court of Nova Scotia.
In August 1992, the Acting Minister of Municipal Affairs designated an area in Waverley, Nova Scotia in which no municipal development permit would be required in order for Tidewater Construction Company Limited (“Tidewater”) to develop and operate a rock quarry. For some time, Tidewater had been attempting to secure permission to develop a rock quarry in the area but had been unable to get a permit to do so.
Along with several residents of the area, the Village Commissioners of Waverley applied for a Court order that would quash the Acting Minister’s decision. As the legal proceeding got underway, the Commissioners and residents submitted twenty-six affidavits written by residents of the Village of Waverley. They also issued notices of examination for discovery of the Acting Minister and two other government officials. In turn, the Acting Minister and the Attorney General of Nova Scotia brought motions to strike the affidavits and the notices of examination for discovery.
After examining the affidavits, the Court held that all of them offended the rules of civil procedure to some degree. It therefore rejected the affidavits but emphasized that the residents of Waverley could submit new affidavits that met the requirements. After considering the law and legal principles that apply to the discovery of government officials, the Court also granted the application to strike the notices of examination for discovery.
To read related decisions, go to Village Commissioners of Waverley v. Nova Scotia (Attorney General), 1993 CanLII 4581 (NS SC) and Village Commissioners of Waverley v. Nova Scotia (Minister of Municipal Affairs), 1994 CanLII 4136 (NS CA).