The Canadian Constitution Foundation has been granted leave to intervene at the Supreme Court in Annapolis Group Inc v Halifax Regional Municipality.

The underlying case involves an allegation by Annapolis Group that the Halifax Regional Municipality is obstructing its attempts to develop Annapolis owned land, while simultaneously encouraging the public to use Annapolis land as a park. Annapolis alleges that this amounts to a de facto expropriation of their property by the government.

“A de facto expropriation is when the government has not taken property in name, but in every other practical sense they have taken the property. And a government cannot expropriate property without compensation,” said CCF Litigation Director, Christine Van Geyn. “We are intervening in this case because this is an opportunity for the Supreme Court to revisit the test on de facto expropriation, and we will be making argument about what we think the proper legal test should be.”

UPDATE: Canadian Constitution Foundation thrilled with SCC decision that expands the test for constructive takings and protect property rights

Intervening in favour of property rights (Annapolis Group Inc v Halifax Regional Municipality)

CCF Launch: October 18, 2021
Jurisdiction: Supreme Court of Canada
Status: Closed
Next Key Date: Closed

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