Lansdowne Park Project Is A Charter Issue, Martin Says

- October 30th, 2012

The city now knows the grounds on which John Martin is appealing to the Supreme Court on his Lansdowne Park application. He’s arguing it’s a Charter violation. City solicitor and clerk Rick O’Connor provides council the latest information in a memo.

Sent: October 30, 2012 5:29 PM

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:

Further to my communiqué of October 16th, 2012, (set out below for your ease of reference), the purpose of this e-mail is to advise that, yesterday, Mr. John E. Martin served the City with an Application for Leave to Appeal to the Supreme Court of Canada in relation to his Lansdowne Park Conservancy. You will recall that, on April 3rd, 2012, a panel of three judges of the Divisional Court dismissed Mr. Martin’s application for judicial review challenging the Lansdowne Partnership Plan as an abuse of process on several grounds. Mr. Martin sought leave to appeal that decision to the Ontario Court of Appeal. On August 28th, 2012, a panel of three judges of the Ontario Court of Appeal denied Mr. Martin leave to appeal to Ontario’s highest court.

The Notice of Application alleges that the Court of Appeal for Ontario (and the Divisional Court) breached Section 7 of the Charter of Rights and Freedoms. I note that Section 7 of the Charter provides that “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Based on a preliminary review of the materials, including the applicant’s legal arguments, it is difficult to assess how Section 7 was engaged and/or breached in this case.

The City has 30 days to respond to the Application. It is anticipated that in mid-December 2012, the written application will then be submitted to the Supreme Court for its consideration. These matters are addressed by way of written application and an oral hearing is rarely conducted. It is anticipated that a decision on the application could be made sometime during Q1 or early Q2 of 2013. If leave to appeal were to be granted, Mr. Martin would have the permission of the Court to commence a formal appeal. It is estimated that in the event that leave were to be granted, a decision on the merits of a subsequent appeal could occur in late 2013 to mid-2014.

Finally, on a related note, I can confirm that the City was successful in serving Mr. Martin with a Notice of Examination in relation to the two outstanding cost awards of the Divisional Court ($10,000) and the Court of Appeal ($1,000). This examination is scheduled to take place on this matter on November 2nd, 2012. In the meantime, the planned redevelopment of Lansdowne Park will continue under City Council’s guidance.

I trust that the above 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

Categories: Lansdowne

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3 comments

  1. Mario Allain says:

    Wow, just confirms what I thought of Martin. He’s really grasping a straws with his “right to life, liberty and security of the person” being endangered by redeveloping a piece of land that sat dormant and in decay for years, where all the while NO ONE (from the glebe or otherwise) did anything about it… only now with a plan in action do people choose to ruffle feathers.

    Good thing for him we don’t have some obscure line in the charter against exposure to lunacy and public waste of time/funds…

  2. Concerned Ottawa says:

    test

  3. Concerned Ottawa says:

    It would help to actually read the application.

    If has nothing to do with life, liberty ,etc…..it is on procedure and the facts of no sole source available.

    It can be seen under the NEWS section of the Lansdowne Park Conservancy website or at
    w w w.lpc-cpl.ca/images/legal/SC/sc/notice_sc.pdf

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