Archive for the ‘Legal’ Category

City Files Appeal Notice On Dome Arbitration

- February 18th, 2014

The sports dome owned by Coliseum has moved from Lansdowne Park to the RA Centre. The city and Coliseum are at odds over their contract. The city is appealing an arbitration award to Coliseum.

City lawyers have acted quickly to appeal an arbitrator’s Feb. 5 decision to award Coliseum $2.24 million in a dispute between the sports dome provider and the municipality.

Here’s where you can find my background story on the arbitration award.

The city filed its notice of application at Superior Court late last week. The city is asking the court to hear the appeal and set aside the arbitration award.

Now, like everything else that goes to court, we wait.

In other legal news, the city has won a court case involving contractor Pomerleau. The company’s allegations involved the tendering of work at the sewage treatment plant. It was a $15-million lawsuit and the judge delivered his verdict today, according to city solicitor Rick O’Connor. Pomerleau can appeal and the city has the right to make a claim for legal costs associated with its defence. Below is a memo to council last month that includes the city’s account of Pomerleau’s allegations.

Pomerleau Lawsuit Memo Jan 17 2014

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Follow City Hall reporter Jon Willing on Twitter at @JonathanWilling and at ottawasun.com.

Lobbying On The Lobbyist Registry And Other Lobbying Tales

- November 29th, 2012

On a day when you’re waiting for some audits to be tabled, it’s nice to take some time to browse the lobbyist registry and see what’s being happening behind the scenes at City Hall this month.

For example, casino lobbyists visited 110 Laurier Ave. on Monday.

People representing Caesar’s Entertainment and Rock Gaming LLC met with Alta Vista Coun. Peter Hume (chairman of the planning committee), the mayor’s chief of staff Serge Arpin, economic development director Saad Bashir and economic development officer Chris Cope.

In other departments, Cognition LLP was approached by Rick O’Connor to assist “with legal department work overload,” which we learned a bit about last month.

And then there’s this: A Nov. 7 entry by a lobbyist lobbying integrity commissioner Robert Marleau about the lobbyist registry.

Got that?

It appears someone was trying to point out to Marleau some software that can be used to run the city’s registry.

By the way, those audits I mentioned above will be tabled with the audit subcommittee at 1:30 p.m. We’ll start up a live blog to give you the blow-by-blow, so check back on the ottawasun.com homepage for the link.

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Follow City Hall reporter Jon Willing on Twitter at @JonathanWilling and at ottawasun.com.

City Fends Off mOOse

- June 7th, 2012

An update to a blog post from last October.

Mobility Ottawa-Outaouais: Systems & Enterprises Inc., or mOOSe, filed a complaint with the Canada Transportation Agency, blaming the city for allegedly letting the Prince of Wales Bridge fall into a state of disrepair. That’s the bridge that spans the Ottawa River north of Bayview station.

The agency has ruled in the city’s favour, according to this memo to council today from city solicitor and clerk Rick O’Connor:

Mayor and Members of Council,
 
Further to my previous e-mail of October 7th, 2011, the Canadian Transportation Agency (“CTA”) yesterday released its decision with respect to the complaint filed by Mobility Ottawa-Outaouais Systems & Enterprises Inc. (“MOOSE”).  The CTA has dismissed the complaint and rejected MOOSE’s argument that the City of Ottawa had constructively discontinued the use of the Prince of Wales Bridge railway line by allowing it to fall into a state of disrepair. 
 
The CTA did note that the City has not included the Prince of Wales Bridge within the three-year plan that it is required to file outlining all of its railway assets.  Therefore, it has directed the City to include the bridge and staff will make the necessary revisions and will be re-filing the plan, as required.  The decision requires the City to take no further steps with respect to the Prince of Wales Bridge. 
 
I trust that this update is satisfactory.

Rapidz Court Case Finally Done In Canada

- March 15th, 2012

Talk about a dragged out legal case.

The Supreme Court today settled a dispute between the owners of the former Ottawa Rapidz baseball team and the Can-Am Baseball League and City of Ottawa.

The Rapidz, remember them?

The short story is the city and the other respondents in the case won.

To understand the crux of the case, it’s helpful to read the Ontario Court of Appeal decision from October 2010.

Basically, there was a contract dispute between the owners and the league. The city was named because it owns Ottawa Stadium. The owners felt their team was wrongly dropped from the Can-Am league, causing a $200,000 exit penalty. They sued in provincial court, the judge dismissed the suit because there was something in the original contract that said disputes were to be handled by the courts in North Carolina, where the league is headquartered.

The appeal court dismissed the case and the country’s highest court agreed, with legal costs owed to the parties which were sued. And according to a memo sent this afternoon by city solicitor Rick O’Connor, the city will seek those costs.

Now, can we just play some baseball, please?

Flooding Claimants Reduced: City

- November 4th, 2011

An update for you on legal action in connection with the July 2009 flooding in west Ottawa, and it comes by way of a memo from city solicitor Rick O’Connor to council.

The city has managed to reduce the amount of money being claimed in a pair of lawsuits related to the flooding. The city noticed that some of the properties included in the lawsuits were not in the “western region,” so some of the properties were removed from the suits.

One suit now has 58 properties as plaintiffs (instead of 62) and the total amount being sought is about $1.4 million instead of $1.5 million. The second suit has 10 fewer properties as plaintiffs, knocking $278,000 off the claim, making it $1.6 million.

There is a third lawsuit involving 294 properties with a total claim of $9.4 million. Because the amount exceeds the city’s insurance limit, its insurance company wants outside lawyers to handle the case. The two other lawsuits will also be farmed out to those lawyers to keep everything consistent.