Meaford CAO Frank Miele has told The Independent that he was shocked when he learned of the ruling that had been handed down in the Georgian Beach Road lawsuit.
The ruling by Justice J. Daley was dated September 21, however Miele said that he wasn't aware of the ruling until Monday September 26.
“With respect to being notified, it was shocking to me that it arrived at our lawyer's office by Canada Post on Monday,” said Miele adding that the lawyer for the municipality had received an email from the lawyer for Grist, one of the defendants in the lawsuit, the following day (September 27) saying that they had discovered about the ruling on the internet before having received a copy in the mail. “We all find this to be unusual,” said Miele.
Miele has declined to comment further on the case until he has an opportunity to meet with members of council.
“Council will be meeting in closed session Monday, October 3rd to review and determine our options and next steps,” Miele told The Independent by email, “The issue of an appeal will also be discussed.”
When asked how much the municipality has spent in legal fees on the lawsuit, Miele said that just over $600,000 has been spent thus far.
It is as yet unknown how much if anything the municipality will have to pay toward the costs incurred by the defendants in the case.
“In the event that counsel are unable to resolve the issue of costs, counsel on behalf of the defendants shall serve and file written submissions of no longer than three pages, plus a bill of costs within 20 days from the date of release of these reasons, followed by similar submissions from counsel for the plaintiff within 20 days thereafter,” wrote Justice Daley in the closing of his conclusions.
In his 28 page ruling, Justice Daley said that “the defendants' motions for summary judgment are granted and the plaintiff's action as against all defendants is dismissed.”
The case which began in 2007, has pitted the municipality against some of the property owners on Georgian Beach Road who the municipality claimed had blocked access along the water side of their properties angering some residents who maintained that the area in question is a public road access.
The municipality filed a lawsuit that in large part hinged on a bylaw from 1854 that they say proves that the road exists and has never been officially closed off.
In his ruling, Justice Daley said that the 1854 bylaw is not sufficient proof that a road existed.
“There is no evidence that the purported public road was created by any of the means listed in s.26 of the Municipal Act, 2001. In particular, even if a public road or highway had been lawfully established, whether by dedication and acceptance or otherwise, the evidence is clear that the road ceased to exist after it was washed out in 1986 particularly in the location of the properties belonging to the Grist and Seaman et al. Defendants,” wrote Justice Daley.
