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Originally Posted by Drybrain
The precedent here is bad too; the logical extrapolation of the judge's ruling is that third-party applications, when the owner lodges a complaint, are simply invalid.
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That is actually not a "logical extrapolation of the judge's ruling". The case is largely about a manifestly unfair process and an objectively reasonable apprehension of bias, which in this case inexorably led to what the court could only conclude was a "substantively unreasonable outcome
per se”. Dal was essentially ambushed by the heritage application and largely excluded from the process, and was given no reasonable opportunity to make its case.
Though there is no statutory right (and consequently no prescribed procedure) for such third-party applications, the court recognized that there is likewise no statutory prohibition on the municipality receiving and addressing third-party concerns. It can be done, so long as it's done appropriately:
"...municipal Heritage Project designation processes and decisions are of a nature that they correspondingly require HRM to ensure that property owners such as Dalhousie are involved, and provided with an effectual and timely level of procedural fairness throughout the process that HRM undertakes...Since a property owner’s substantive rights in relation to the property will be engaged from the point at which the registration process is triggered, including when a “third-party application” (and any “request” to similar effect or a unilateral decision by HRM itself have a heritage staff report created regarding the property) is received by HRM, the property owner should then also receive immediate notification including the Application and supporting documentation from HRM."
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"Which means that the city suddenly has no ability to apply heritage protections to any property that isn't already protected, or has a particularly heritage-friendly owner.
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Again, not so. HRM just has to deal with such so-called "applications" in a fair and legal manner.
Reading the decision may be helpful. Here's a link:
https://decisia.lexum.com/nsc/nssc/e...22065/index.do