Debert Diefenbunker ownership to be decided in court

DEBERT, NS — He bought it in a tax sale on November 21, and according to the Municipal Government Act, if the prior owner doesn’t come up with the money six months after the sale, the deed of ownership is handed to the new purchaser.

That day came and went for Jonathan Baha’i. He says he should have his deed by now, to a bunker, nestled in Debert, Nova Scotia, built in 1964 for fear of nuclear war.

“It shouldn’t happen, I should be able to just get my deed and everybody agrees,” Baha’i said in an interview on June 7.

But everyone doesn’t agree. The former owner of the bunker, Anton Self, is taking both Colchester County and Baha’i to court.

He lost the bunker after he owed $18,100.13 in taxes and about $2,300 for the parking lot that sits adjacent to the bunker.

In the court documents, he claims he tried to get the money to the county on the day the redemption period ended, May 21. He sent Global News those  documents he’s filed with the Supreme Court of Nova Scotia. They outline what he believe happened on May 21, including that he felt misinformed as to where the money was to be handed to.

“The Applicant received final confirmation of the Redemption Amount from the Municipality only hours before the deadline set by the Municipality, which also in that email stated without any prior notice it would only accept payment at its Finance Office wicket in Truro no later than 4:30 pm,” reads the Notice of Application.

“The Applicant had funds in hand for the redemption in Halifax and could easily have delivered it to the Municipality’s law firm.”

Because Self was in Halifax, he claims he could not make it to Truro in time to hand the money to the County finance office in person.

“Since this is now a matter before the Nova Scotia Supreme Court, we likely have no further comment until the Court renders a decison,” Self said in an email.

Baha’i says he has prospects from people who are looking to rent space in the bunker, but can’t do that legally without the deed.

“If I lose these contracts because they haven’t produced the deed that I have requested from the day after (May 21), then they’re liable,” he said.

The County says they kept both parties informed as to what was happening throughout the redemption period. In the court documents, Self claims he made it clear after the tax sale he was working to get the bunker back within the redemption period.

In an email, the County said, “Currently there is a legal process underway by the previous owner and the Municipality is facing two competing interests and is looking to the court to resolve issues concerning the sale and the rights of redemption.”

Baha’i says he believes the County doesn’t want to make the decision.

“They basically want the court to come out and say, ‘give Jonathan his deed,’ and then they can just say, ‘oh, it’s the court’s decision, doesn’t have anything to do with us.'”

Baha’i has taken to social media to dispute the situation through a website and has planned a protest for June 21 just outside the County office in Truro.

He also has started a petition of support, and so far says he has 200 signatures as of June 18.

The business relationship between Baha’i and Self goes back further than the tax sale. Baha’i operated a data centre, and moved his business into the bunker in April 2011, renting the space from Self. The relationship didn’t last, and Baha’i ended up moving. When he purchased the bunker, he hoped to move his business back.

A right of redemption exists on each property for six months. Baha’i paid $31,300 for the bunker, and $4,150 on the parking lot in front of the bunker.