Common use of Undisputed Facts Clause in Contracts

Undisputed Facts. 120. On 6 February 2002, Xxxx Xxxxx applied to the Canadian Coast Guard under s. 5 of the Navigable Waters Protection Act (“NWPA”) for a permit to build a “floating loading dock” in Nova Scotia at Whites Point in Digby Neck.35 121. On 18 February 2002, Nova Stone applied to the NSDEL for a permit to construct and operate a quarry on the Whites Point project site. The NSDEL rejected this application on 15 April 2002 as it concluded that the proposed quarry exceeded 4 ha, the maximum size permitted through the 35 Memorial, para. 103; Application Form by Nova Stone Exporters Inc., 6 February 2002, Exhibit C-35. basic NSDEL approval process.36 Any quarry greater than 4 ha requires an EA before it can proceed in Nova Scotia.37 122. On 23 April 2002, Nova Stone submitted a new application for a permit to build a quarry at the Whites Point project site that was limited to 3.9 ha.38 The NSDEL issued this permit on 30 April 2002. The approval was made subject to certain blasting conditions added at the DFO’s request (the “Blasting Conditions”).

Undisputed Facts. 120. On 6 February 2002, Xxxx Xxxxx applied to the Canadian Coast Guard under s. 5 of the Navigable Waters Protection Act (“NWPA”) for a permit to build a “floating loading dock” in Nova Scotia at Whites Point in Digby Neck.35 121. On 18 February 2002, Nova Stone applied to the NSDEL for a permit to construct and operate a quarry on the Whites Point project site. The NSDEL rejected this application on 15 April 2002 as it concluded that the proposed quarry exceeded 4 ha, the maximum size permitted through the 35 Memorial, para. 103; Application Form by Nova Stone Exporters Inc., 6 February 2002, Exhibit C-35. PCA 122204 25 basic NSDEL approval process.36 Any quarry greater than 4 ha requires an EA before it can proceed in Nova Scotia.37 122. On 23 April 2002, Nova Stone submitted a new application for a permit to build a quarry at the Whites Point project site that was limited to 3.9 ha.38 The NSDEL issued this permit on 30 April 2002. The approval was made subject to certain blasting conditions added at the DFO’s request (the “Blasting Conditions”).