This case was heard in the Supreme Court of Nova Scotia.
After the councils of Cumberland County and other nearby municipalities passed resolutions that authorized the County to expand its landfill in order to accommodate waste from elsewhere in the Halifax Regional Municipality, a group of concerned citizens formed the group 4C Concerned Citizens of Cumberland County (“4C”) and initiated legal proceedings by way of an Originating Notice (Application Inter Partes).
4C asked for a Court declaration that the councils had no jurisdiction to pass the resolution, and it also asked for a Court order quashing the decisions of the Nova Scotia Department of the Environment, which had approved the proposed landfill expansion. In addition, 4C filed an Interlocutory Notice (Application Inter Partes) for an injunction that would prohibit the operation of the landfill until its other application had been heard and decided.
In turn, the respondent municipalities applied for a Court order requiring 4C to file an Originating Notice (Action) and Statement of Claim. After consideration, the Court held that 4C should issue a Statement of Claim, as the matter would involve substantial questions of fact to be decided.