GRAND TRACADIE — A dispute over a proposed bike path and an asserted historic right of way has put a Grand Tracadie homeowner and a developer on a collision course in the Supreme Court of Prince Edward Island.
Who is involved and what is at stake
Homeowner Sheila Gallant says workers have already entered her property and placed heavy machinery nearby as developer Tim Banks claims the right to construct a pathway across her land.
"He wants to do a roadway, pathway, whatever you want to call it, from the Blackbush Resort at Tracadie Harbour straight through to Winter River," Gallant said. "It’s going to be a road 10 feet from my house."
Gallant told reporters the potential route would run from the Blackbush Resort at Tracadie Harbour to Winter River. She said the planned corridor would put the pathway about 10 feet from her home and that workers told her construction would begin soon.
Legal steps and recent court action
The matter reached the Supreme Court of Prince Edward Island, where a hearing was held Thursday morning. No injunction was granted at that time to stop work on the site, and the court scheduled another hearing for 11 a.m. on Friday.
Police were present on the property while members of Gallant’s legal team remained on site; one lawyer declined to move his vehicle from a driveway to allow access to workers. Gallant said the confrontation has been stressful and that she does not want to lose the enjoyment of her property.
"I don’t want to lose the enjoyment of my property that I've had my entire life," Gallant said.
Community implications and property-rights issues
The dispute raises questions about historic rights of way and how they are documented and enforced on P.E.I. While the details of Banks' asserted right — such as its origin, registration or specific legal basis — were not provided in court reporting, the case highlights tensions that can arise when development projects intersect with privately held land.
For neighbours and other Islanders, the outcome could set or reaffirm precedents for how similar claims are resolved, especially where pathways, active-transportation lanes and resort access are involved.
Timeline
| Date / Time | Event |
|---|---|
| Prior to court hearing | Workers entered Gallant's property and placed heavy machinery nearby; developer signalled construction would start |
| Thursday | Hearing in Supreme Court of P.E.I.; no injunction granted |
| Friday, 11 a.m. | Second hearing scheduled |
What we know and what remains unclear
- Known: Sheila Gallant owns the parcel of land in Grand Tracadie; Tim Banks claims a right of way; workers have been on the property and machinery has been staged nearby; the dispute was before the Supreme Court and a follow-up hearing is scheduled.
- Unknown: The legal basis and documentation for Banks' claimed right of way, the exact route and construction plans for the pathway, and whether any negotiated alternatives have been proposed.
Next steps and how residents can follow the case
The court-ordered follow-up hearing set for 11 a.m. Friday will be the next formal step. Records from the Supreme Court of Prince Edward Island and coverage from local media will provide developments as they occur. Residents with concerns about access, safety or property impacts may wish to consult legal counsel or contact municipal offices for information on local planning rules and rights-of-way.
Photographs of machinery on Gallant’s property were provided by CBC photographer Tony Davis. The CBC reported the dispute and included audio generated by AI-based technology accompanying the story.
The case is a reminder of the often-complex balance between private property rights and development ambitions on the Island — a balance that will now be decided, at least in part, in a courtroom.
