ARTICLE · 09 MARCH 2023

The SCC Expands The Cause Of Action For Constructive Taking

Jensen Shawa Solomon Duguid Hawkes

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Annapolis Group Inc. is a Halifax-based property development company.

CanadaGovernment, Public Sector

Annapolis Group Inc v Halifax Regional Municipality, 2022 SCC 36

Annapolis' Lands

Annapolis Group Inc. ("Annapolis") is a Halifax-based property development company. In 2016, the City of Halifax (the "City") repeatedly refused Annapolis' plans for development. Annapolis sued, alleging, among other things, constructive taking. Annapolis alleged that the city's decision deprived it of all reasonable, economic uses of land and essentially created a city park at Annapolis' expense and to Halifax's benefit. In other words, Halifax had acquired the lands without compensation to Annapolis.

In response, the City filed an application for summary dismissal of Annapolis' claim for constructive taking.

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