Inherent Jurisdiction and its Application by Nova ScotiaCourts: Metaphysical, Historical or Pragmatic?
inherent jurisdiction, Nova Scotia, courts, Court of Appeal, arbitration, common law, Small Claims Court
The author explores the concept of inherent jurisdiction in the context of its use and application by the courts of Nova Scotia. A general in-depth discussion ofthe nature and source(s) of the concept is followed by an examination of three recent Court of Appeal decisions in an effort to determine that court's understanding of inherent jurisdiction. The Court of Appeal's understanding and sense of the concept is then contrasted with its use and application by the trial courts of Nova Scotia over a period of 150 years. The approach of the two levels of court to inherent jurisdiction is compared and the limits of the concept examined. A review of the use of inherent jurisdiction by Nova Scotia courts in arbitration matters is undertaken to show the common law as a source of the concept of inherent jurisdiction, at least in this one area of law The inherent jurisdiction of inferior courts, such as the Small Claims Court and others is discussed, as is the inherent jurisdiction of the Court of Appeal.
William H. Charles, "Inherent Jurisdiction and its Application by Nova ScotiaCourts: Metaphysical, Historical or Pragmatic?" (2010) 33:2 Dal LJ 63.