Supreme Court to hear dispute over fate of undeveloped Nova Scotia land

OTTAWA — The Supreme Court of Canada will look at whether a municipal move to prevent development of a parcel of land northwest of Halifax — and encourage its use as a park — might have amounted to expropriation.

As usual, the high court gave no reasons for agreeing to examine the case, and no date has yet been set for a hearing.

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

In November 2019, a judge denied the municipality’s bid to summarily dismiss the expropriation claim on the basis it had no chance of success.

However, an appeal court overturned the decision early this year 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.

This report by The Canadian Press was first published June 24, 2021.

The Canadian Press