What is the result of the second appeal of a 2010 Ministerial Order on the same issue?
Nova Scotia, Canada
The following excerpt is from 307625 Nova Scotia Limited v Nova Scotia (Minister of the Environment), 2017 NSSC 150 (CanLII):
That first appeal was heard by Arnold J. and reported as 3076525 Nova Scotia Limited v. Nova Scotia (Environment), 2015 NSSC 137. Therein, he concluded that the Minister had lacked a sufficient factual basis upon which to include one of the clauses (clause 7, in the 2010 MO) insofar as that particular clause pertained to the present appellant. He remitted the matter back to the Minister for further consideration in relation to that clause only. All of the other clauses in the 2010 Ministerial Order were determined by Arnold J. to be a reasonable exercise of the discretion conferred upon the Minister pursuant to the Environment Act, and, therefore, upheld.
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