Supreme Court of Canada

Attorney General of Nova Scotia v. Burke, [1983] 1 S.C.R. 55

Date: 1983-02-01

The Attorney General of Nova Scotia (Intervener) Appellant;

and

Greg Burke (Defendant-Appellant) Respondent;

and

Joseph G. Arab (Plaintiff-Respondent) Respondent;

and

The Attorney General of Saskatchewan, the Attorney General of Ontario and the Attorney General of Manitoba Interveners.

File No.: 16882.

1983: January 31; 1983: February 1.

Present: Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR NOVA SCOTIA

Constitutional law—Courts and tribunals—Nova Scotia Residential Tenancy Board powers—Board ordered tenant to pay rent arrears to maximum limit of its jurisdiction—Action successfully brought in County Court for rent owing but in excess of Board’s monetary jurisdiction—On appeal, Board’s jurisdiction found to be ultra vires of the province—Whether or not Board’s powers ultra vires as trenching on s. 96 of the Constitution Act—Residential Tenancies Act, 1970 (N.S.), c. 13, s. 11(3)(c),(d),(e),(f),(g)(h),(i)—Constitution Act, 1867, s. 96.

APPEAL from a judgment of the Nova Scotia Court of Appeal dismissing an appeal from a judgment of Anderson Co.Ct.J. Motion for leave to appeal dismissed and motion to quash granted, Estey J. dissenting.

Reinhold Enders and Alison Scott, for the appellant.

Brent Cotter and Alison Crowe, for the respondent Greg Burke.

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John Stringer, for the respondent Joseph G. Arab.

Lorraine E. Weinrib, for the intervener the Attorney General of Ontario.

Brian F. Squair, for the intervener the Attorney General of Manitoba.

James C. MacPherson, for the intervener the Attorney General of Saskachewan.

RITCHIE J. (orally for the Court)—The Court, Mr. Justice Estey dissenting, is of the view that leave to appeal should not be granted to Mr. Burke. We are also of the view, Mr. Justice Estey dissenting, that the motion to quash should be granted.

The Attorney General shall pay the costs of Mr. Arab. No costs shall be payable by or to the interveners or Mr. Burke.

Judgment accordingly, ESTEY J. dissenting.

Solicitors for the appellant: Reinhold M. Enders and Linda D. Garber, Halifax.

Solicitor for the respondent Greg Burke: W.B. Cotter, Halifax.

Solicitors for the respondent Joseph G. Arab: McInnes, Cooper and Robertson, Halifax.

Solicitor for the intervener the Attorney General of Ontario: Archie D. Campbell, Toronto.

Solicitor for the intervener the Attorney General of Manitoba: Gordon E. Pilkey, Winnipeg.

Solicitor for the intervener the Attorney General of Saskatchewan: F. Gorse, Regina.