Following a three month wait, the Town has received Justice Hainey’s judgement in the civil suit launched against the Town by six individuals and one corporate entity. Justice Hainey summarily dismissed the claim and ruled in favour of the Town on all points.
The Statement of Claim was filed in the Ontario Superior Court of Justice on April 20, 2011 seeking various declarations arising from the Town’s contractual arrangements with the Molinaro Group with respect to the development of the Crystal Beach Gateway condominiums and improved community space. Arguments were heard by Justice Hainey in Toronto on February 8, 2012.
The Judge’s ruling also awards costs of the litigation process to both the Town, in the amount of $78,524, and the Molinaro Group, in the amount of $57,250.
The Plaintiffs will have 30 days to appeal the judgment however a recent Ottawa ruling, which was relied on in Justice Hainey’s decision, appears to limit the chances of a successful appeal.
Congradulations to the Town of Fort Erie (Mayor and Councilors that support this project and are working for the best interest of the Town) A big thank you to Heather Salter who was once again proven to be a compentent and skilled lawyer.