Executive Summary: Key Legal and Evidentiary Issues

• Irving Equipment Limited applied for leave to appeal a decision of the Nova Scotia Workers’ Compensation Appeals Tribunal dated August 29, 2024.

• The application was heard by Justices Bourgeois, Fichaud, and Derrick of the Nova Scotia Court of Appeal on September 11, 2025.

• Legal counsel appeared for all parties except the Attorney General for the Province of Nova Scotia, who did not participate.

• The Court considered the application and the materials filed by the parties.

• The Court denied the application for leave to appeal and dismissed the appeal.

• No amount was ordered, granted, or awarded by the Court of Appeal.

Facts of the case

Irving Equipment Limited, as appellant, sought leave to appeal a decision of the Nova Scotia Workers’ Compensation Appeals Tribunal (WCAT # 2023-84-AD) dated August 29, 2024. The respondents were the Nova Scotia Workers’ Compensation Appeals Tribunal, the Workers’ Compensation Board of Nova Scotia, the Attorney General for the Province of Nova Scotia, and Andrew Alphonsis Starks. The application for leave to appeal was filed on October 11, 2024.

Parties and hearing details

The appeal was heard on September 11, 2025, in Halifax, Nova Scotia, before The Honourable Justice Cindy A. Bourgeois, The Honourable Justice Joel E. Fichaud, and The Honourable Justice Anne S. Derrick. Amy Bradbury appeared for the appellant, Kenneth LeBlanc for the respondent Andrew Alphonsis Starks, Paula Arab, K.C. for the respondent Workers’ Compensation Board of Nova Scotia, Alison Hickey for the respondent Workers’ Compensation Appeals Tribunal (watching brief), and Edward A. Gores, K.C. for the respondent Attorney General for the Province of Nova Scotia (not participating).

Order and outcome

Upon hearing the parties and reading the material filed, the Court ordered that the application for leave to appeal the decision of the Nova Scotia Workers’ Compensation Appeals Tribunal filed October 11, 2024, is denied. The appeal was dismissed. No amount was ordered, granted, or awarded by the Court of Appeal.

Final disposition

The order was issued at Halifax, Nova Scotia, on the 12th day of September, 2025. The decision of the Nova Scotia Workers’ Compensation Appeals Tribunal remains in effect, and there is no further appellate review permitted by this order. No specific monetary amount was determined or awarded in this proceeding.