SUPREME COURT OF NOVA SCOTIA
Citation: Dataville Farms Ltd. v. Colchester County (Municipality), 2013 NSSC 355
Date: 20131114
Docket: Hfx No. 416566
Registry: Halifax
Between:
Dataville Farms Ltd.
Applicant
v.
Municipality of the County of Colchester
Respondent
Jonathan Baha’i (aka Jonathan Tranter
dba Server Balance Data Solutions)
Respondent
- and -
Docket: Hfx No. 417390
Registry: Halifax
Between:
Jonathan Baha’i
Applicant
v.
Municipality of the County of Colchester
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: October 17, 2013 in Halifax, Nova Scotia
Written Decision: November 14, 2013
Subject: Municipal Government Act - Tax Sales
Summary: Dataville Farms Ltd. wanted to redeem properties which had been sold by Colchester at tax sale. Dataville did not deliver payment prior to closing of the municipal office on the last day of the redemption period. It claimed that Colchester acted unreasonably and thwarted the redemption efforts.
Issue: When does the redemption period expire?
Did Dataville’s efforts amount to redemption?
Result: Contrary to the position of Colchester, the redemption period under the Municipal Government Act expires at midnight six months after the tax sale and not at 4:30 when the administrative offices closed. The allegedly unreasonable conduct by Colchester in dealing with Dataville was not relevant in determining whether redemption took place within the statutory period. Since the payment was not made by Dataville within six months from the tax sale, the right to redeem was lost.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.