Halifax’s legal team has taken a closer look at the legal action taken by three downtown businesses over the Nova Centre construction project and doesn’t believe it applies to the municipality.
On Monday, the municipality was among the defendants named in a mass tort initiated by The Wooden Monkey restaurant, The Carleton Music Bar & Grill, and Attica Furnishings. The businesses have retained Wagners Law Firm.
READ MORE: Downtown Halifax businesses take legal action over Nova Centre construction impact
The small businesses say repeated street and sidewalk closures, dust, noise, as well as lack of parking throughout the lengthy construction process have driven away customers.
They’re seeking compensation through a claim for injurious affection under the Expropriation Act.
In an e-mail statement, Halifax spokesperson Tiffany Chase says the municipality’s legal team does not believe the claim applies to the municipality in this instance.
She goes on to explain that since a claim for injurious affection only applies to a government if the government expropriates the land or is undertaking the construction activity, there is no basis for the claim.
Chase says if the businesses proceed with the legal action, the municipality would be defending itself on that basis.
All three levels of government, Argyle Developments Inc., its parent company Rank Incorporated and the Halifax Convention Centre Corporation received notice on Monday morning.
The province’s Department of Business also issued a statement on the matter.
“Construction on a project of this scale is always challenging. When it’s complete, this unique facility will continue to support new jobs and growth as a hub that connects our community, visitors and businesses,” the statement read.
The department declined further comment while the legal matter was being dealt with.
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