Skip to main content

In This Volume

  • 353 (1) Any decision, order or direction of the minister given or made under this Part and embodied in the order in council approving the special survey and plan is subject to an appeal to the Court of Appeal.
  • (2) The Court of Appeal must decide the matter brought before it on appeal as it considers just and equitable, and the decision of the Court of Appeal is subject to appeal in the same manner as decisions of that court on appeal from a final judgment in civil causes.
  • (3) On every appeal the court appealed to may award compensation to any party to the appeal as the court thinks proper, and may direct by whom it must be paid, and may vary or amend the decision, order or direction appealed from, and may direct the special survey and plan to be amended by the minister in accordance with the decision on appeal, and may, if it thinks necessary, refer the whole matter back to the minister in order that the judgment of the court may be embodied in a new report and submitted to the Lieutenant Governor in Council, and may award costs and direct that they must be paid by a party to the appeal, or that they must form part of the costs of the survey.
  • (4) Evidence must not be given or heard on an appeal under this section other than that given or heard before the minister at the time the decision, order or direction appealed from was given or made.

1979-219-353; 2003-66-35.