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Judge rejects attempt to add more Africville residents to statement of claim

Former residents of Africville and supporters attend Nova Scotia Supreme Court in Halifax on Wednesday, Feb. 25, 2015. The group wants to amend a statement of claim as they attempt to advance a proposed class-action suit against the city seeking compensation for land that was taken by the city in the 1960s.
Former residents of Africville and supporters attend Nova Scotia Supreme Court in Halifax on Wednesday, Feb. 25, 2015. The group wants to amend a statement of claim as they attempt to advance a proposed class-action suit against the city seeking compensation for land that was taken by the city in the 1960s. THE CANADIAN PRESS/Andrew Vaughan

HALIFAX – A judge has ruled that dozens of people will not be allowed to join a legal case over the relocation of Africville residents in Halifax in the 1960s.

The residents had argued that they should be allowed to be part of a 1996 statement of claim seeking redress of the expropriation of land in the black community.

They had signed release claims in 2010 after a settlement was reached with the municipality, but said they should be allowed to join the ongoing legal matter.

However, Judge Patrick Duncan says in his 35-page decision that those who signed the releases did so with legal counsel and knowing the effect of the agreement.

That settlement included a public apology from then-mayor Peter Kelly and $3 million to rebuild the Africville church, among other things.

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The attorney for the residents wasn’t available for comment, but Karen MacDonald, the lawyer for the City of Halifax, says adding former residents who already signed off on the settlement would have effectively reopened the deal.

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