Developer added as respondent in Dartmouth Cove infilling judicial review

Dartmouth Cove is pictured. (Hafsa Arif/CTV News Atlantic)

A company seeking to develop a residential complex in Dartmouth Cove will serve as a respondent in a court case about the property between the Halifax Regional Municipality and the Nova Scotia government.

Last October, Halifax council passed bylaw amendments to limit infilling at Dartmouth Cove, which has been at the centre of a possible development for years. The 4197847 Nova Scotia Limited (NSL) company proposed filling 2.7 hectares of the cove with non-acidic quarry rock and pyritic slate, according to the Canadian Impact Assessment Registry.

The provincial government gave conditional approval of the bylaw amendments and the municipality applied for a judicial review of that ruling.

NSL, which owns a lot on Dartmouth Cove, applied to be added as a respondent in the case, noting its interest in the outcome, according to a written decision by Justice Bryna D. Hatt with the Supreme Court of Nova Scotia.

“NSL contends the Municipal Planning Bylaw amendments were specifically intended to thwart NSL’s Dartmouth Cove project,” the decision reads. “Further, that if the amendments are approved and come into force, the result is a direct interference in NSL’s property rights and a bar to its long-standing Dartmouth Cove project.”

The decision noted NSL is the owner of the largest property parcel on Dartmouth Cove. According to ViewPoint, the property spans 6.3 acres.

According to the decision, NSL argued the municipality’s amendments would prohibit the project, which is a multi-use residential complex in Dartmouth Cove.

“NSL’s Project has been the focus of much time and expense to date, including obtaining Transport Canada approval and challenging in Federal Court DFO’s decision to decline authorization,” the decision reads. “Ultimately, NSL submits the Amendments would prevent NSL from using the Lot for its intended purpose.”

Last October, Transport Canada gave amended approval to the project, but in March Fisheries and Oceans Canada said it would not approve the project as it could permanently destroy local marine life.

According to the written court decision, Halifax argued the judicial review only focused on the province’s statutory authority to conditionally approve bylaw amendments and therefore NSL did not have an interest in the proceedings.

“Specifically, HRM argues NSL seeks to dispute the legality and reasonableness of the Amendments, it has not commenced a Judicial Review of the Minister’s decision on that basis and already has a separate legal proceeding against HRM for a declaration the Amendments are illegal,” the decision reads.

“HRM further submits that if its Application for Judicial Review is successful, then the conditional approval is quashed, and the decision would revert to the Minister. HRM states that the Minister would then decide to approve or reject the Amendments, and it is that final decision NSL could seek to judicially review. Essentially, HRM states NSL’s involvement is premature.”

Justice Hatt said NSL has a “special, practical, and sufficient interest” in the bylaw amendments and the judicial review due to its ownership of the Dartmouth Cove lot and its project.

Hatt granted NSL respondent status in the case.

With files from The Canadian Press

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