Halifax says no legal basis for compensation over Nova Centre construction

The Halifax Regional Municipality says three downtown businesses looking for compensation for lost earnings due to the construction of the Nova Centre, have nobasis for their claim.

The Wooden Monkey, the Carleton and Attica say they've lost business because of the ongoing construction. They claim to have lost 30 to 35 per cent of their gross revenue on an annual basis due to that work.

Ray Wagner is their lawyer, he plans to seek compensation under the "injurious affection" provision of Nova Scotia's Expropriation Act.

In an email, Halifax spokeswoman Tiffany Chase said that the city's legal team reviewed the documentation and doesn't believe Wagner has a case.

"A claim for injurious affection only applies to a government if (a) the government expropriates the land, or (b) the government is undertaking the construction activity," said Chase in an email.

"Neither scenario applies in this case, therefore we see no basis for a claim of injurious affection against the municipality."

In previous interviews Wagner said he hopes to be able to reach a settlement with Nova Centre developer Argyle Developments, parent company Rank Inc., and all three levels of government and the Halifax Convention Centre Corporation.

Wagner said if an agreement can't be reached in a few months then he will take the case to the Nova Scotia Utility and Review Board.