Court Of Appeal Decision Regarding 1245 Edward Street, Halifax, Supports Built Heritage Across Nova Scotia

Heritage Trust of Nova Scotia applauds the May 16, 2025, decision of the Nova Scotia Court of Appeal regarding heritage status granted to the house at 1245 Edward Street, Halifax. The Court’s decision underpins the importance of municipal heritage registrations in the protection of built heritage across Nova Scotia.

The 1897 home was acquired in July 2022 by Dalhousie University, who intended to demolish it. A third-party community group made application to the Heritage Advisory Committee, and HRM Council granted heritage registration. The University objected and sought judicial review through the Supreme Court. The reviewing judge decided that HRM Council had overstepped, was biased against the university, and ruled that Council was not empowered to make a heritage designation upon application by a third party. 

HRM appealed and the Trust was granted standing as an Intervenor. The Court of Appeal consolidated multiple grounds of appeal to four points, three of which concerned procedural fairness and possible bias by HRM Council.  The fourth addressed whether the reviewing judge correctly determined third-party applications were not permitted under the Heritage Property Act. 

The Court determined the university's claims of lack of procedural fairness and bias were without merit.  More importantly for the Trust, was the Court's acceptance that the Heritage Property Act does not preclude a third party from making applications for properties they do not own. The Court noted that such applications have long been accepted and considered by the Heritage Advisory Committee. The Court of Appeal ordered the Edward Street heritage registration to be reinstated, reversed a costs award previously ordered against HRM by the reviewing judge, and ordered the university to pay costs to HRM.

Despite this ruling, Heritage Trust of Nova Scotia still strongly believes that the provincial Heritage Property Act must be strengthened to protect heritage in this province. In particular, Section 18 of the Act, which allows for demolition of a municipally registered heritage property three years  after application, requires amendment.  Without such amendments, heritage in Nova Scotia remains at risk.

This press release was corrected on May 27, 2025: The original release said erroneously that demolition of municipally registered heritage properties was allowable after three years of ownership or three years of registration whichever is longer. Length of ownership is not a factor in determining when a demolition permit is permissible. In addition, the three year limitation begins when an application to demolish is submitted, not when heritage status is granted.