Dispute over Nova Scotia land development can go to trial: Supreme Court of Canada

In its 5-4 decision, the top court says there are genuine issues of fact arising from the claim to be decided at trial

CITYnews halifax \ Canadian Press

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OTTAWA — The Supreme Court of Canada says a trial can proceed over whether Halifax Regional Municipality improperly used its regulatory powers to effectively seize land for use as a public park without compensation.

The legal dispute began when Annapolis Group Inc. filed a court action against Halifax, claiming it was not only blocking attempts to develop the company’s land but promoting the area’s use by the public — in effect expropriating the space.

In 2019, a judge denied the municipality’s bid to summarily dismiss the claim.

However, an appeal court overturned the decision and dismissed the claim, saying although Annapolis cannot use the area as it wishes, that does not amount to the municipality taking the land.

The appeal court’s ruling prompted the developer to bring its case to the Supreme Court.

In its 5-4 decision today, the top court says there are genuine issues of fact arising from the claim to be decided at trial.

This report by The Canadian Press was first published Oct. 21, 2022.

The Canadian Press