Developers, City demand over $72,000 in court costs
Following the dismissal on October 2, 2008 of our application for a judicial review of an OMB decision , lawyers for the City of Ottawa and the developers of Findlay Creek Village demanded partial compensation for their costs of having had to face the Greenspace Alliance before the Ontario Divisional Court in its fight to save Leitrim Wetland.
The City wants compensation for 30 hours of work ($5,120) and lawyers for the Tartan, Taggart and Tamarack-related companies submitted detailed cost statements amounting to over $122,000 but reduced their demand to $67,217.
Our legal counsel at Ecojustice made a strong submission in reply. Put simply, it argued that modern jurispridence opts for no cost awards against public interest groups provided a) the matter is of broad social significance, and b) they have no pecuniary interest in the outcome. The submission sets out how this case fully meets those conditions. Read the full submission here. The key Court decision is Incredible Electronics (2006).
On November 4, the Alliance issued a media release in English et en français, decrying this demand for costs. Copies went to all members of Council and others.
Check for updates below.
Erwin Dreessen
4 November 2008
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Chiarelli-Cullen motion to be debated January 6
On November 28, 2008, Councillor Rick Chiarelli, supported by Councillor Alex Cullen, introduced a Motion at Council to clarify the City's policy with regard to requiring community groups or individuals to pay the City's litigation costs. The Motion was referred to Corporate Services and Economic Development Committee and is expected to be considered at its meeting of 6 January 2009.
Read the Motion here.
Councillor Chiarelli issued a media release.
The Greenspace Alliance, on December 16, also issued a media release / communiqué de presse.
Groups and individuals are being urged to contact their Councillor or all members of Council in support of this Motion. Click here for more information.
Meanwhile, on December 10, the Divisional Court issued its Decision on the demand for cost awards. Finding that the Greenspace Alliance is not a public interest litigant, it agreed with the City's but reduced the award to the developers to $25,000 "in recognition of the [Alliance's] limited means." The Alliance is seeking leave to appeal this cost award decision to the Ontario Court of Appeal.
Erwin Dreessen
17 December 2008
NEWSFLASH: Corp. Committee meeting now on Jan. 20
The motion by Councillors Chiarelli and Cullen was expected to be considered at the Corporate Services and Economic Development Committee meeting of January 6. This meeting has been cancelled. The Committee next meets on January 20. Mark your calendar! Call your Councillor!
Erwin Dreessen
24 December 2008
Chiarelli-Cullen Motion deferred till Feb 3
For lack of a report from Legal Services, on a procedural motion by Councillor El-Chantiri consideration of the Chiarelli-Cullen Motion regarding Policy on Seeking Cost Awards was deferred to the next meeting of Corporate Services and Economic Development Committee, on February 3.
Erwin Dreessen
20 January 2009
Chiarelli-Cullen Motion now on for February 17
Please click here for more information!
Erwin Dreessen
12 February 2009