When I purchased my lot on Amalfi Way, in Brunello Estates, the developer promised me and my neighbours that a 6m meter tree buffer would always be maintained behind all the houses on the north side of Amalfi Way and any future development of the lot behind these houses would be limited to single family homes or townhouses. In 2022 the developer applied for permission to remove the 6m tree buffer and build a nine story apartment building in my backyard which HRM approved. I appealed the decision to the UARB on the basis that HRM did not follow their own rules in approving the building but the UARB ruled that because of the way the new legislation was written, involving Development officers instead of community council approving non-substantive amendments, they did not have jurisdiction to hear my appeal. I then successfully sought an extension of time to file a Notice of Judicial Review.

The developer reneged on arguments and attestations made in the extension of time hearing that they wouldn't proceed with the project pending judicial review which required me tossed an Emergency Hearing to stop them.

The Judicial Review was decided this past December and the Judge ruled against me on all the issues I raised. He did so by ignoring a recent Supreme Court of Canada ruling on how to conduct judicial reviews. He also ruled that there was no public interest component to the Judicial Review despite the fact that some of the issues raised applied to all development agreements in HRM and awarded legal cost to the developer and HRM of $22,000.00.

Because there are numerous grounds on which to appeal both decisions (apt building and cost award) I will be appealing this matter to the Nova Scotia Court of Appeal.

I have to date spent over $10,000 of my own money on legal advice, court fees and printing costs associated with submissions to the court and this figure doesn't include the hundred of hours I put into this matter. If I lose on appeal I am also faced with an additional $10,000 in legal costs plus the costs of preparing for the appeal which I estimate will be at least $5000.00 in legal advice fees and printing costs.

An example is the requirement to produce an Appeal book which all evidence filed in the Judicial Review. The official "record" submitted by HRM is 500 pages and I need to provide 8 copies to the Court of Appeal. That alone will cost a $1000.00 to produce.

If I am successful on Appeal the legal costs of $22,000, which I have to pay now, would be reversed and I would refund donors accordingly. If I raise more than it cost me to appeal the matter that amount will be refunded as well. That being said, winning on appeal is always difficult even with very valid grounds for the appeal and there is absolutely no guarantee I will be successful and have the legal cost reward reduced.

By supporting this appeal you are sending an important message to HRM, and all developers, that they have to follow the planning rules when approving new buildings and no one is above the law.