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Mariner Real Estate Ltd. v. Nova Scotia (Attorney General)

[1999] 178 N.S.R. 2d 294, 549 A.P.R. 294 (1999)

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Mariner Real Estate Ltd. v. Nova Scotia (Attorney General)

Nova Scotia Court of Appeal
[1999] 178 N.S.R. 2d 294, 549 A.P.R. 294 (1999)

Facts

Mariner Real Estate Ltd. and others (collectively, the beach-property owners) (plaintiff) owned land along Kingston Beach, where the beach-property owners wanted to build houses. Nova Scotia (defendant) designated Kingston Beach as a protected beach under the Beaches Act, which required any development to be approved by the minister of natural resources (the minister). The minister refused approval, claiming that the proposed development would adversely impact adjoining sand dunes and lead to erosion and flooding. The beach-property owners sued, claiming that the government’s action made the beachfront properties valueless and, therefore, constituted an expropriation of the beach-property owners’ land for which the beach-property owners were entitled to compensation from the government. The trial court held that the effect of the Beaches Act, as applied by the minister, deprived the beach-property owners of their use of the land to such an extent that the refusal to allow development destroyed the economic value of the land and resulted in a de facto expropriation of the land by the government. Nova Scotia appealed.

Rule of Law

Issue

Holding and Reasoning (Cromwell, J.)

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