The Supreme Court of Nova Scotia has ruled that a landowner must restore access to Silver Sands Beach in Cow Bay on a path through his property.
But the beach in the Halifax area remains closed pending a court order determining how this will happen.
“It is clear to me that the defendant finds this easement inconvenient and annoying,” Judge Denise Boudreau wrote in his ruling.
“He made many unilateral efforts to get rid of him; “It even went so far (and boldly) as to block it completely,” she wrote. “It is also quite clear that he should not have done so and that he has no legal authority to do so.”
The road has been blocked since 2020
The judge’s ruling states that in 2020, Ross Reno closed the gate on the public walkway that connects Silver Sands Beach with the public parking lot on Cow Bay Road.
A steep cliff at the water’s edge makes direct access to the beach impossible, so Halifax contracted an easement in Reno’s backyard when he sold the beach to the municipality in 2003.
For years, the right of the road has been a source of friction with the public, as Rhyno builds walls and fences around it and forbids dogs from walking on the trail because owners fail to collect their dog waste.
After failing to negotiate a private decision, the Halifax regional council asked a judge to confirm his authority to reopen the road.
Rejection of the claims of the landowner
Reno filed several lawsuits against the easement, which were dropped during a hearing in late April, including that the trail was never intended for public use.
Judge Boudreau denied these details.
“This argument would have no basis. From the evidence before me, it is quite clear that the acquisition of these lands, as well as the related easement, was for the benefit of the public so that they could use the beach. , “she wrote.
In 2020, Ross Reno closed the gate to the public path that connects Silver Sands Beach with the public parking lot on Cow Bay Road. (Brian McKay / CBC)
Reno also claims that the right of way has been legally extinguished because the erosion has eroded the connection between the backyard and the beach.
Judge Boudreau disagreed.
“Even if the respondent is right and even if the seawater reaches the end of the trail during high tide, I remain completely unconvinced that this repays the easement,” she wrote.
The local councilor was relieved
Southeast Passage in Dartmouth. Becky Kent welcomed the decision.
“It’s a good decision,” she said.
Kent said living without access to Silver Sands Beach for two years has been difficult for some people in the community.
“It was a big loss for them,” she said. “And there has traditionally been so much history on this beach for centuries. It was difficult for people to see it closed.
Kent said he hopes returning to the beach will help resolve community discontent.
She hopes the public will remember the trail crossing private land and treat the area with respect.
Possible reopening after 2 weeks
The judge said Rhyno should “immediately open” the trail to allow pedestrians and municipal maintenance vehicles to cross if necessary.
But a municipal spokesman says Reno has five days to respond before a judge issues an order giving a legal decision.
“The municipality hopes the order will be issued by the end of this week,” Laura Wright said in an email statement.
“If the path to the beach is not reopened within 10 days of the order, the municipality will put the lack of compliance before a judge,” Wright said.
Wright says the municipality will give Reno a “reasonable time” to clear the road.
“Otherwise, the decision authorizes the municipality to carry out the work itself needed to reopen the trail and to be responsible to Mr Reno to reimburse the municipality for all related costs,” she said.
Reno’s lawyer did not respond to a request for comment from CBC News on Monday.
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