Update on Legal Case That Will Impact 3rd Party Heritage Registrations in Nova Scotia
On October 10, 2024, Heritage Trust of Nova Scotia was represented as Intervenor in the Nova Scotia Court of Appeal hearing: Halifax Regional Municipality v. Dalhousie University and Halifax University Neighbourhood Association, an incorporated association represented by Peggy Walt and William Breckenridge.
The appeal will be held in Court Room 502 at the Law Courts, 1815 Upper Water Street, Halifax, beginning at 10:00 a.m., and is open to the public. The hearing also will be broadcast live via webcast at: https://www.courts.ns.ca/operations/webcasts. The appeal concerns the November 21, 2023, decision of the Honourable Justice Peter Rosinski: Dalhousie University v. HRM - Nova Scotia Courts (lexum.com).
When neighbours learned that Dalhousie planned to demolish the heritage home it owned at 1245 Edward Street, they applied to register the property as a municipal heritage property. The Heritage Advisory Committee supported their application, and the heritage registration was approved by HRM Council. Dalhousie opposed the registration and took the matter to a hearing at the Supreme Court where Justice Rosinski overturned the third-party registration.
The Trust did not make the decision to seek Intervenor status lightly. It is a costly undertaking, but the Trust believes the ability for third parties to register a heritage property is an important principle and is worth defending. The Trust’s position will be argued by Ronald Pink, K.C., of the Halifax law firm, Pink Larkin.
Justice Rosinski’s ruling could, potentially, prevent all future third-party heritage registrations and further imperil heritage structures throughout Nova Scotia.
We will report on the decision when the Court of Appeal renders it in future
If you wish to support the Trust in defending the protection of heritage properties in Nova Scotia, we invite you to donate toward our legal costs through Canada Helps, noting that your donation is for the Edward Street appeal. All donations will receive an income tax receipt.
