Lansdowne Park Conservancy Leave To Appeal Denied

- August 29th, 2012

Here are separate e-mails sent from city solicitor and clerk Rick O’Connor and the Lansdowne Park Conservancy.

First, O’Connor:

Mayor and Members of Council :

The purpose of this brief memo is to inform Members of Council that the latest effort to continue the Lansdowne Park Conservancy (“LPC”) litigation against the City of Ottawa has been dismissed by the Ontario Court of Appeal. Today’s decision effectively ends the litigation surrounding Lansdowne Park.

Early this afternoon, Ontario’s highest Court advised the parties that it has denied permission for the Lansdowne Park Conservancy to appeal its case to the Court of Appeal. Members of Council may recall that on March 23rd, 2012, the Divisional Court dismissed the legal challenge by John E. Martin’s Lansdowne Park Conservancy as constituting an abuse of process. This finding was based on the judicial determinations that had been made by the Superior Court (and subsequently upheld by the Court of Appeal) in the Friends of Lansdowne Inc. case. In that case, the Court ruled that City Council’s decision to proceed with the Lansdowne Partnership Plan was legal. In addition, the Divisional Court held that the Lansdowne Park Conservancy case was an abuse of process as it did not pursue other litigation avenues previously available to it, and that there was a delay by the LPC in bringing its application which constituted a separate ground for the abuse of process.

Looking ahead, it is noted that there is a very limited opportunity for the Lansdowne Park Conservancy to seek leave to appeal from the Supreme Court of Canada within 60 days of today’s decision. Given the circumstances of this case, including the judicial pronouncements to date in both the Friends of Lansdowne Inc. and the Lansdowne Park Conservancy cases, along with the stringent legal test for a further leave application, it is my preliminary assessment that, were the LPC to seek a further motion for leave, it would be exceedingly difficult to obtain leave of the Supreme Court of Canada. In dismissing the leave to appeal motion, the Court of Appeal has awarded costs in the amount of $1000 against the Lansdowne Park Conservancy. This amount is to be added to the $10,000 awarded against the Lansdowne Park Conservancy by the Divisional Court earlier this year.

I trust that the above is satisfactory.

And the conservancy:

August 29, 2012 Ottawa, ON

Court of Appeal denies leave to Appeal

It is with regret that word has just arrived from the law firm of Paliare Roland that leave to appeal has been denied.

The ruling of August 28, 2012 was released today and we were notified just before 2 PM.

It is truly unfortunate that a competitive bidding process for municipal procurement has been sidelined, particularly for such a magnificent, public and historic site at Lansdowne Park.

Your help and support and the efforts of Andrew Lokan, Michael Fenrick and Joe Magnet has been tremendous and greatly appreciated.

As shown, the deadline for park completion is June 2015 and there is more than sufficient time for the City of Ottawa to conduct a competitive bidding process and develop this public asset in a manner respectful of the heritage and public nature of the site.

The choice is now up to our elected officials.

Most sincerely yours,

John Ernest Martin
Coordinator/Coordonnateur
Lansdowne Park Conservancy
Conservation du parc Lansdowne

Categories: Lansdowne

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