An Ontario Superior Court judge has sided with the city in a provincial court case that aimed to stop the redevelopment of Lansdowne Park.
A group called Friends of Lansdowne is behind the court case, arguing the city broke its own rules when it "sole-sourced" the project to the Ottawa Sports and Entertainment Group (OSEG).
The judge was asked to decide whether the city acted in bad faith in approving the contract; whether it illegally gave bonuses to OSEG; and whether it violated its own procurement bylaws.
Justice Charles T. Hackland ruled Thursday that the city and city council acted in good faith when they approved the Lansdowne redevelopment project in June 2010.
The judge found that the city did not participate in unlawful bonusing in contravention with the Municipal Act, and the relevant procurement bylaws were not broken.
Friends of Lansdowne had argued council was misled when they approved the project. However, the judge ruled he did not accept that allegation. He added the contract did not "inappropriately favour OSEG's interest."
The legal proceedings have delayed construction on the project. Shovels were supposed to go into the ground last month.
If Friends of Lansdowne appeals the decision, construction could be delayed once again.
In the words of the great Ric Flair WWWOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO.
FOL go back to your million dollar homes with your tails between your legs and cry yourself to sleep! you have been beat!
Now, the question is: Even though an Ontario Superior Court Justice has rendered a ruling that is so decisively damaging to any fundamentals of any argument that the FoL may have had... are they still crazy enough to appeal? What court of appeal is left? The Supreme Court???
great news, I said all along, that a judge cannot over turn the decisions of politicians. Total waste of everyone’s time:
“Justice Charles Hackland dismisses each of the Friends’ claims, finding either that the Friends didn’t prove their point or that second-guessing politicians’ political decisions is not the role of the court, as long as those decisions are made reasonably”
This is that "insurance" TD that you score with a minute left. The FoL is left with on-side kicks and hook and ladder plays.
It's never over till it's over!
Hopefully these kooks will go away and you guys can finally get the shovel in the ground by the fall.
ric flair has never been great. most over-rated wrestler in history.
( every flair match: chop chop, lowblow, poke in the eyes, has figure four reveresed, gets gorrila pressed, climbs ropes only to be tossed off, falls on face, chop chop, woooo )
There was no one better than Stone Cold Steve Austin.
OTTAWA — With the main legal challenge to the Lansdowne Park redevelopment dismissed by a judge on Thursday, the city and its private partners are settling down in earnest to complete the design work and reassess the timelines for the project.
A major update is due at city council’s finance committee meeting on Aug. 18, which is to include a new construction timetable (an initial plan had called for shovels to be in the ground last June). “Staff is reviewing all aspects of the construction timeline, including taking down the south-side stands and other preliminary construction activities,? wrote city spokeswoman Jocelyne Turner in an e-mail.
While the city and the Friends of Lansdowne, who went to court to try to stop the plan to renovate Frank Clair Stadium and build new residential and commercial space along the northern part of the Glebe site, awaited the judge’s verdict, design meeting continued between the city and the Ottawa Sports and Entertainment Group.
“Work is being done — well, I don’t want to say ‘around the clock,’ but they’re working very, very hard,? said Councillor Peter Hume, the chairman of city council’s planning committee.
The court wrangling may not be finished, however. The Friends of Lansdowne have yet to decide whether they believe they have grounds to appeal. Also, Glebe man John Martin is promising to file a second legal challenge on the grounds that an alternative vision he presented to the city for Lansdowne should have been considered before council voted on the OSEG plan.
It's never over until it's over..
I'll be there for the ground breaking ceremony!
Do it Roger.
Friends of Lansdowne May Be Stuck with OSEG's Legal Costs
Lauren Davis with Anna Drahovzal
Friday, July 29, 2011
A judge has ruled that there was nothing improper in the City's deal with the Ottawa Sports and Entertainment Group over the Lansdowne Partnership Plan, and now the consortium may seek compensation for court costs.
That would mean that the citizen group, Friends of Lansdowne, which brought forth the application to cancel the project, would be stuck with the bill.
OSEG's Roger Greenberg tells CFRA that his group is considering recouping the court costs that he estimates amount to in excess of $100,000.
"It was a lengthy application," Greenberg admits. "While it's gratifying to see that our position was completely supported by the judge, now we have to see what steps we take forward to try to recover some of the costs that we've expended, in my view, needlessly."
A judge ruled that City Council acted in good faith in approving the Lansdowne Partnership Plan.
The Friends are deciding whether or not to appeal; they have 30 days to make that decision.
Greenberg adds that OSEG is committed to having a stadium ready for the 2014 FIFA Women's World Cup tournament.
I think this is really just a way to get them thinking long and hard about whether they REALLY want to appeal. :twisted:
Lets hope they don't think about it for too long. Though given the nature of their court challenge I wouldn't be surprised if simply out of spite they use every second of their deadline to appeal.
The writing is on the wall, they will not appeal and the other potential court case delayed his action until he saw the judges decision and he can no longer has a case. As the judge says he can't over rule a decision made by the city. He can't make a ruling whether or not it's a bad deal, that's not his job that's the job of the city.
It is definately full speed ahead and there is no chance of an appeal or no chance of the other complainant taking it to court, if the judge had said there was something illegal then the other complainant would have jumped in too.
We live in a democracy, and the city and the people have spoken, suck it up accept it. Accept the court costs and pay OSEGs court costs too. I would go one step further and make them pay for the One year delay
At this point they would be wise to get shovels in the ground as quickly as possible and file for court costs the minute the Fools of Landsdowne make another move.