Company fined $86K for destruction of historic Reid House in Avonport

A recent court decision to fine a development company $86,000 for the destruction of Reid House points to the need for stronger laws to protect historically significant buildings, according to the president of the Heritage Trust of Nova Scotia.

Sandra Barss said the maximum fines under existing legislation are too low to deter developers from regarding them as a cost of doing business.

Reid House in Avonport, Kings County, N.S., dates back to the 1760s and was granted heritage status in 1993. Over the centuries, the farmhouse was also used as a tavern, stagecoach stop, courthouse, post office and polling station.

Bassam Nahas and his Halifax-based Nanco Developments each faced four charges under the Heritage Protection Act and the Special Places Protection Act.

The demolition took place between Dec. 2 and 10, 2020.

Prior to the guilty plea, the matter was scheduled for trial in 2024. It will not proceed.

Plea agreement

Nanco Developments pleaded guilty to two charges related to the destruction of the historic home during an appearance at Windsor Provincial Court before Judge Angela Caseley on Oct. 30.

The plea followed an agreement between Crown prosecutors and the parties involved.

Charges against Nahas were dismissed.

The company was fined $57,500 for the first charge of altering in appearance or demolishing a heritage property under the Heritage Property Act and $28,750 on the second charge for excavating or altering a protected site under the Special Places Protection Act.

The maximum possible fines were for the first charge was $250,000 and $100,000 for the second.

"He was allowed to plead down to guilty on two charges under each of those acts and gets, as we called it, a financial slap on the wrist and yet it's very clear that he was guilty on all counts, " Barss said.

"I struggle with this because to me the Crown prosecutor did not press the matter, and certainly the court did not."

Barss said the time has come for legislation to be passed that includes a significant minimum fine that developers can't shrug off.

More decisive action

She cited the example of the Carlton Tavern in London where a developer demolished the historic building that was the only structure on the street to survive World War II bombing. The owner was forced to rebuild it brick by brick. Barrs said it was time Nova Scotia took tougher actions against developers who ignore heritage designations.

Counsel for Nanco Developments, Gavin Giles, told the court that although Reid House was a heritage property, it had fallen into disrepair and had been ignored for a long time.

Giles told the court the building was being used by people as a place to "hang out, light fires, to fornicate and use drugs and drink."

He said it had become a very dangerous place for anyone to enter.

Sentencing

In pronouncing the fines, Caseley said she accepted the joint recommendation for sentencing.

She said she took into account that the matter had been set for three days of trial and the early guilty pleas had freed up court time.

"This is definitely a case where specific deterrence to this company is a primary consideration of sentencing as well as denunciation for others who may consider taking into their own hands demolition of similar heritage properties," the judge said.

"It does send a clear message that even first time offenders in situations like this will be treated ... fairly harshly because these are significant penalties."

Casely gave the company until Dec. 31, 2024, to pay the fines.

Minister weighs in

Speaking after cabinet last Thursday, Allan MacMaster, Nova Scotia's minister responsible for heritage, said the province does not want to see heritage properties being demolished by developers.

He said the legislation is in place to protect designated properties because they have value to the province. 

Asked about calls by the Heritage Trust of Nova Scotia for the imposition of minimum fines, MacMaster said he was interested in their opinions on the matter, but maintained the existing legislation works.

"The entity in question that demolished the house was fined," he said. "Based on the legislation that exists, it's up to the court to decide how much that fine is."

Responding to an email query from CBC, Alex Keaveny, senior Crown counsel of the Nova Scotia Public Prosecution Service, said it was common to accept guilty pleas from the corporate entity and forgo the individual charges in cases where the individual has a financial interest in the company. The maximum fines for individuals is $10,000 under both acts.

"The most important consideration for the Crown in negotiating the resolution was to ensure the total penalties sent the clear message that the costs of violating these acts will be severe. Given there is nothing we can do to restore the Reid House, the $86,250 in fines and victim surcharges should serve as a significant deterrent to others who may consider breaking these important laws." Keaveny said in an email.

Keaveny said this was likely the first case where charges were advanced under both the Heritage Property Act and Special Places Protection Act.

 Neither Nahas nor Nanco Developments could be reached for comment.

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