Nova Scotia court dismisses citizen challenge to Fall River development

Haley Ryan · CBC News

· Posted: Mar 17, 2025 11:00 AM EDT | Last Updated: 10 minutes ago

A Nova Scotia justice has dismissed a tribunal situation to a arguable improvement successful the Halifax area, ruling it had not been filed during the required clip period.

Last November, a radical of residents asked the Nova Scotia Supreme Court to reappraisal the provincial government's support of a Fall River development.

The radical had raised information concerns astir the deficiency of exigency egress fixed it was connected a dead-end road, and had a CN railway passing done the site.

Resident David Nunn, the superior applicant successful the judicial reappraisal request, said Justice Ann Smith dismissed the lawsuit past Thursday due to the fact that their radical had filed the situation aft the required 25-day window.

"We don't adjacent get a chance," Nunn said Friday. "There is nary quality for the assemblage to prosecute connected immoderate of the issues that were brought up."

Although the improvement was rejected by Halifax determination assembly successful 2022, the state designated the tract arsenic a peculiar readying area in February 2024. The designation allows the state to marque decisions connected developments successful the municipality.

Municipal Affairs Minister John Lohr announced past August that the state had approved a improvement statement with Perry Lake Developments for 3 multi-unit buildings connected the 12-hectare site, creating astir 120 lodging units.

Provincial lawyers argued that the 25-day timepiece started then, Nunn said, and the judge ruled successful their favour.

Nunn said the group's lawyer had argued the 25 days started aft the improvement statement had been registered successful the registry of deeds — and adjacent if that was not the case, asked the justice to usage her discretion to let the lawsuit to determination forward.

Their radical thought it was important to reappraisal the existent improvement statement earlier filing a tribunal challenge, which is wherefore it waited until November, Nunn said.

The statement ended up being akin to what was presented to Halifax assembly successful 2022, but Nunn said if the group had moved guardant without seeing the papers it would person been "guessing."

The concern highlights the request to determination rapidly for anyone reasoning of challenging aboriginal developments successful peculiar readying areas, Nunn said. 

Nunn said helium was particularly disappointed to spot the provincial enforcement sheet connected housing, which makes recommendations connected peculiar readying areas, took conscionable 36 minutes to sermon the projected Fall River improvement successful a July 9, 2024 meeting.

"Close to the railway, you know, however did you woody with the safety, vibration? How did you woody with the sound issue? And a batch of that conscionable could beryllium arsenic elemental arsenic … putting up a berm and a obstruction and request successful the [development agreement] … oregon standard it back," Nunn said.

"But nary of those points volition ever get the airy of day, nor were they ever considered, arsenic acold arsenic we tin determine."

The lodging sheet itself was divided astir the project, with 3 of the 5 contiguous members voting successful favour and 2 against. The minutes don't bespeak who voted successful which way, but the sheet has 2 Halifax readying and improvement municipal unit members. The different 3 are appointed by the province.

Nunn said the peculiar readying country process, which includes nary nationalist participation, leaves residents successful the acheronian astir wherefore definite sites are chosen.

The Fall River task does not acceptable astir of the province's criteria for peculiar readying areas, Nunn said.

CBC asked the state for a absorption to the tribunal determination and resident's concerns astir the development. This communicative volition beryllium updated with immoderate response.

Nunn said their radical is considering an entreaty of the judge's decision.