Nova Scotia v. Beaver et al., (1985) 67 N.S.R.(2d) 281 (CA)

• Judge: Hart, Morrison and Macdonald, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 12, 1985
• Jurisdiction: Nova Scotia
• Citations: (1985), 67 N.S.R.(2d) 281 (CA)

N.S. v. Beaver (1985), 67 N.S.R.(2d) 281 (CA);

    155 A.P.R. 281

MLB headnote and full text

Attorney General of Nova Scotia v. Beaver, Fullager et al.

(S.C.A. No. 01397)

Indexed As: Nova Scotia v. Beaver et al.

Nova Scotia Supreme Court

Appeal Division

Hart, Morrison and Macdonald, JJ.A.

March 12, 1985.

Summary:

The Attorney General of Nova Scotia applied for an injunction to restrain several prostitutes and any others having knowledge of the injunction from engaging, causing or contributing to public nuisance by way of certain specified activities. The Attorney General then applied for an interim injunction to be effective until the conclusion of the main trial. The Nova Scotia Supreme Court, Trial Division, in a decision reported in (1985), 66 N.S.R.(2d) 419; 152 A.P.R. 419, refused to grant the injunction. The Attorney General appealed.

The Nova Scotia Court of Appeal dismissed the appeal.

Crown - Topic 4809

Actions by Attorney General - Status to apply for an injunction to abate a public nuisance - The Nova Scotia Court of Appeal discussed the right of the Provincial Attorney General to apply to the civil court for an injunction to abate a public nuisance, where the effect of the injunction would be to suppress crime - See paragraphs 12 to 42.

Injunctions - Topic 1610

Interlocutory or interim injunctions - Circumstances when injunction will not be granted - Criminal matters - To restrain prostitution - The Attorney General of Nova Scotia applied unsuccessfully for an interim injunction to restrain the activities of prostitutes in downtown Halifax - On an appeal by the Attorney General, the Nova Scotia Court of Appeal discussed in detail this type of civil action by an Attorney General to suppress crime, held that the trial judge had a discretion to decide whether such an injunction should be granted and held that the trial judge's discretion not to grant the injunction was exercised properly in this case.

Injunctions - Topic 7078

Particular matters - Violation of statutes - Criminal statute - Prostitution - The Attorney General of Nova Scotia applied unsuccessfully for an interim injunction to restrain the activity of prostitutes in downtown Halifax - On an appeal by the Attorney General, the Nova Scotia Court of Appeal discussed in detail this type of civil action by an Attorney General to suppress crime, held that the trial judge had a discretion to decide whether such an injunction should be granted and held that the trial judge's discretion not to grant the injunction was exercised properly in this case.

Cases Noticed:

R. v. Hutt (1978), 19 N.R. 331; 38 C.C.C.(2d) 418, refd to. [para. 6].

R. v. Westendorp (1983), 46 N.R. 30; 41 A.R. 306, consd. [para. 7].

London County Council v. Attorney General, [1902] A.C. 165, refd to. [para. 17].

Gouriet v. U.P.W., [1978] A.C. 435, refd to. [para. 18].

People's Holding Company Limited v. Attorney General of Quebec, [1931] S.C.R. 452, refd to. [para. 23].

Robinson v. Adams (1924-25), 56 O.L.R. 217, refd to. [para. 29].

Attorney General of Alberta v. Plantation Indoor Plants Ltd. (1982), 34 A.R. 348; 133 D.L.R.(3d) 741, refd to. [para. 33].

Authors and Works Noticed:

Daniell's Chancery Practice (7th Ed.), vol. I, p. 50 [para. 13].

Salmond and Heuston on Torts (18th Ed.), p. 47 [para. 15].

Wright and Linden, Canadian Tort Law (7th Ed.), p. 17-1 [para. 16].

Counsel:

Reinhold M. Endres and Randall R. Duplak, for the appellant (Attorney General of Nova Scotia);

Felix A. Cacchione, Craig M. Garson and Anne S. Derrick, for the respondents.

This appeal was heard on February 12, 1985, before Hart, Morrison and Macdonald, JJ.A., of the Nova Scotia Supreme Court, Appeal Division. The following decision of the Appeal Division was delivered by Hart, J.A., on March 12, 1985: