HALIFAX — A Nova Scotia Supreme Court judge has reserved his decision on whether or not to amend pleadings in an Africville lawsuit, which is currently before the courts.
Several dozen people showed up to watch the proceedings Wednesday morning in Halifax, N.S. The interest was so great, the case had to be moved to a larger courtroom to accommodate spectators.
Robert Pineo, the lawyer representing former residents of Africville, N.S., says he discovered new evidence that Halifax expropriated land in the community, and did not follow their own rules set out under the city’s charter.
In 2010, a settlement was reached for some former Africville residents, but it did not include personal compensation.
In light of the new expropriation evidence, Pineo wants to amend their pleadings to include people who had claims but released them. There is 51 family units currently on the suit, and Pineo is looking to add another 65 families.
“We feel, and our clients feel, that because notice of expropriation was not given back at the time, those people signed away their rights without knowing what their rights were,” Pineo tells Global News.
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In court, lawyers for the city argued because some individuals signed releases, they are removed from the suit. Pineo says it is unusual to add people who have signed releases back as plaintiffs, but that this case is unique. “Those who have signed releases, if they’re not allowed back in, they don’t have an opportunity to tell their stories and have their rights determined.”
Tony Smith, a former residents of Africville says the lawsuit was originally filed in 1996, but plaintiffs ran out of money. He says the city lied about why they were taking the property, saying it was for urban renewal, but then expropriating it. “They did not give the former residents their rights to appeal, and the information that if they want to appeal they could get a lawyer and the city would have to pay for it,” he says.
Eddie Carvery was one of many people who attended the hearing. He is known to many as “The Hermit of Africville”, and has been protesting at the site for 46-years. “We’ve been fighting for justice over what happened to our community when they blazed it in the 60’s, and we are still here fighting for justice, trying to right the wrong that happened all those years ago,” he tells Global News.
Lawyers won’t say what kind of financial compensation they are seeking in the lawsuit, only that they are looking for the fair market value of the rights that were taken. Regardless if the additional plaintiffs are allowed to be added to the suit or not, lawyers say they will be looking to proceed.
“If the amendments go ahead as proposed then within 120 days we have to have a certification hearing, which is the next step in a class action, after that there will be a further trial, probably a year down the road or more down the road, dealing with the actual claims,” Pineo says.
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