The Municipality of Meaford has issued a statement on Thursday morning with regard to the recent dismissal of their lawsuit against property owners on Georgian Beach Road.
“Meaford has been unsuccessful in the proceedings in May in which Justice Daley concluded that Meaford’s claim for ownership of the By-law 11-1854 road, its claim for a restraining order and injunction and mandatory direction to remove the blocking structures, etc., have been denied,” read the press release, “In turn, the claim by Grist and Rathbun for their relief and declaration that Meaford does not have ownership of any roadway or strip of land has been granted.”
While the headline of the press release says “Meaford Council Wants to Move Forward”, it is unknown at this time whether the municipality will appeal the ruling.
“The Municipality of Meaford Council has had the opportunity of reading the entirety of the decision with the input of counsel and staff,” read the release, “The Municipality of Meaford Council has no decision forthcoming regarding an appeal of Judge Daley’s decision, or other potential municipal actions at this time.”
Contacted by phone, Meaford CAO Frank Miele told The Independent, that there will be a closed session of council on October 11 to discuss the issue further.
“On October 11 there will be a closed session to determine if there will be an appeal,” said Miele, “We accept the judge's ruling, and we now have to decide what to do about it.”
October 11 is also the date that the defendants in the lawsuit must submit their costs to the court for consideration for reimbursement.
Miele said that any costs awarded by the judge to the defendants will come out of the municipal coffers. Last week Miele told The Independent that the case has cost the municipality in excess of $600,000 thus far.
“Costs are not covered by insurance, but damages are,” said Miele indicating that any damages that may be awarded in counter-suits filed against the municipality will be covered by municipal insurers.
Miele added that the Georgian Beach Road lawsuit has been a difficult issue for the current council, and members of the municipal senior management team, especially given that more than half of the current members of council, and none of the municipal management were involved when the lawsuit was launched.
“We don't want to see taxpayer dollars being wasted, but the former council decided to go this route,” said Miele.
The full media release can be viewed by clicking here, and the summary judgement issued by Justice Daley can be viewed by clicking here.
