Legal Department

Mandate

It is the mandate of the CBRM Legal Department to provide legal counsel and related legal services relative to municipal issues to the Mayor and Council, the various Committees established by Council, as well as to the Administration and staff of the CBRM.

The Legal Department deals with a wide range of legal matters, some of which include the following:

Municipal By-Law Prosecutions;
Defending the CBRM in court actions;
Representing the CBRM before various tribunals and administrative boards;
Processing claims against the Municipality (i.e., personal injury, property damage, etc.);
Preparation of final documentation with respect to tax sales, purchase of municipal property, etc.
Drafting Municipal By-Laws for consideration/approval by Council;
Interpreting Legal Statutes for Council and municipal staff;
Contracts and Agreements;
Property-related issues;
Labour matters and arbitrations

Mr. Demetri Kachafanas, K.C.
Regional Solicitor
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Ms. Tara Olsvik
Executive Legal Assistant
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Reference

Since April 1, 1999 all municipalities in the Province of Nova Scotia are governed by the provisions of the Municipal Government Act of Nova Scotia.

Claims

Filing a Claim Against the CBRM

If you believe that the CBRM has failed to adequately maintain its facilities, roads, trees, or sewers, resulting in bodily injury or property damage, you may submit a claim to the CBRM’s Legal Department for review. However, please note that submitting a claim does not ensure compensation. As the claimant, you must demonstrate that your damages were directly caused by the CBRM’s negligence. Claims that do not establish negligence on the part of the CBRM will be denied.

Potholes

CBRM identifies potholes through regular patrols and as reported by the public. If you see a pothole on a CBRM road, call 311. Courts have determined that municipalities are not responsible for damages caused by potholes. Unfortunately, freeze/thaw cycles cause most potholes and claims for damage caused by potholes will be denied.

Fallen Trees & Branch Damage Claims

When filing a claim against the City for property damage caused by trees, several factors are considered to determine CBRM’s liability, including:

Whether CBRM was notified about or aware of the tree’s condition before the incident.
If CBRM was aware, whether its inspection and maintenance efforts were reasonable.

It is important to note that the presence of damage caused by a CBRM tree does not automatically qualify for compensation. If the tree or limb failure resulted from a storm event, CBRM is not liable for any property damage.

File Your Claim

Depending on the type of claim, you will need to provide one or more of the following:

Your name, address, phone number and e-mail address
Exact date of the incident
Exact location (street address or intersection) of the incident
Describe how the accident happened
Detailed description of your property damage or injury
Proof of your damage by submitting all relevant evidence, including names of witnesses and before/after photographs of the damaged area
Receipts for expenses incurred as a result of the incident
City’s vehicle or bus number, licence plate number, driver name or any information that would help us to identify the vehicle or bus
Why you believe the CBRM is responsible for your loss

When submitting your claim to the CBRM, please fill out the Claims Form to the best of your knowledge and upload all documents that support your claim.

File Your Claim Here

Service of Legal Documentation

The Legal Department does NOT accept service of Notices of Claims or Originating Notices. This legal documentation should be served personally on the Municipal Clerk.

General Public

The Legal Department is NOT mandated to provide legal advice to the general public. All inquiries of a personal, legal nature should be directed to a lawyer of one's choice.

Contact Information

We can be reached via email at This email address is being protected from spambots. You need JavaScript enabled to view it.; via fax at (902) 563-5137; or at our mailing address:

Office of the Regional Solicitor
320 Esplanade
Suite 401
Sydney, Nova Scotia
B1P 7B9

Inquiries Regarding the Purchase of Municipal Property

The office of the Regional Solicitor handles the processing of the final documentation relative to the purchase of any municipal property. If you are interested in purchasing property assessed to CBRM, you must first complete the application located here.