It’s amazing this legal fight over an old Ottawa Stadium agreement is still going on, but it is. All from the last time the Can-Am baseball league was here.
It’s not something the city and Can-Am commissioner Miles Wolff want to have lingering as they try to launch another Can-Am franchise next year.
It’s a distraction from an important job at hand: Bringing back entertaining baseball in the Ottawa region to save the Ottawa Stadium.
Subject: Baseball Stadium – Appeal
Sent on behalf of M. Rick O’Connor, City Clerk and Solicitor
De la part de M. Rick O’Connor, Greffier et Chef du contentieux
French version to follow/La version française suivra
Mayor and Members of Council,
I am writing further to my earlier message of March 4th , 2014, in which I advised that the Superior Court of Justice for Ontario had dismissed the action brought by one of the owners of the Rapidz Sports, being Zip.ca Inc., against the City of Ottawa and other parties. Earlier today, the City received a Notice of Appeal of that decision, filed by legal counsel for Zip.ca.
In its appeal, Zip.ca has asked the Ontario Court of Appeal to overturn the decision of Regional Senior Justice Hackland, claiming that he erred in finding that Zip.ca’s claim was statute barred in accordance with the Provincial Limitations Act, 2002.
In light of the fact that the claims by Rapidz Baseball Club Inc., Momentous.ca, and Zip.ca Inc. against the City of Ottawa and several other parties had previously been dismissed by all levels of the courts in Ontario and the Supreme Court of Canada, the City will be vigorously opposing the appeal and will be seeking further legal costs against Zip.ca, in addition to those awarded to the City by Regional Senior Justice Hackland. The exact amount of those legal costs has not yet been determined but will be the subject of a further ruling, in the near future.
I trust that this update is satisfactory.
M. Rick O’Connor, CMO
Certified Specialist (Municipal Law: Local Government) | Spécialiste agréé (Loi sur les municipalités: gouvernement local)
City Clerk and Solicitor | Greffier de la Ville et chef du contentieux
City of Ottawa | ville d’Ottawa