Dartmouth, N.S., residents seeking injunction to close off-leash area at Shubie Park

A section of Shubie Park in Dartmouth, N.S., is pictured. (Hafsa Arif/CTV News Atlantic)

A group of Dartmouth, N.S., residents is seeking a permanent injunction to close the off-leash section of Shubie Park, citing ongoing nuisance issues.

In a notice of application dated July 29, the residents, represented by Peter Rogers and Raylene Langor, claim the Sunrise Beach Off-leash Dog Park of Shubie Park “constitutes a nuisance.” Along with the permanent injunction, they are seeking general damages for “loss of enjoyment” of their properties.

The Halifax Regional Municipality, which is the owner of Shubie Park, is listed as the respondent in the application. In a notice of contest dated Sept. 12, the municipality called for the application to be dismissed.

“HRM denies that a nuisance or a nuisance actionable at law has occurred, or alternatively, if it has occurred, HRM denies causation or liability for same,” the notice reads.

The application notes the residents live near the park on Garshan Road, separated by the Shubenacadie Canal.

“During operating hours, year-round, there is a constant cacophony emanating from the Dog Park,” the application reads. “The noises, including barking, yipping, growling, howling, as well as dog owners’ loud commands, can be heard by the Residents year-round from both inside and outside…of their homes, even with doors and windows shut.

“The repetitive barking is an especially disturbing and troublesome noise for the Residents to experience.”

The residents’ application says the park, which opened to off-leash dogs and their owners in 2007, has seen a marked increase in off-leash dogs since 2020. They say they often see off-leash dogs from the park wandering on both sides of the Shubenacadie Canal and defecating in nearby backyards.

“Dog feces now pollutes Lake Mic Mac, emanating from the Dog Park,” the application reads. “This nuisance makes it dangerous and unsuitable for the Residents to swim in the water adjacent to their backyards, or to use and enjoy their docks.

The application says the residents have alerted the municipality about their concerns, but in their view the municipality has “taken minimal and inadequate steps” to address those concerns or remedy the nuisance.

“The Residents say an injunction is now required to compel HRM to take steps to eradicate the nuisance that is the Dog Park,” the application reads.

In its notice of contest, the municipality said the Dog Park was “designed and constructed to the appropriate standards” and denied it breached any duty of care potentially owed to the applicants or other residents.

“The impact on the Applicants of any alleged noise or any other alleged nuisances caused by dogs in the Dog Park (or outside of the Dog Park), is minimal, and is an anticipatable and reasonable consequence of residing in proximity to a designated off-leash dog area,” the notice reads.

“When the Applicants individually acquired the Properties, the Dog Park had been in operation for at least 8 years, and the Applicants knew (or ought to have known with the exercise of due diligence) of the existence and proximity of the Dog Park and of the potentiality of inevitable noises related to dogs being in the Dog Park.”

The notice says the municipality has enhanced signage and added patrols at the Dog Park to address the issue of barking.

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