Jon Willing - 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.
Jon Willing - 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?
Jon Willing - 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.