The Municipality of Meaford issued a press release early Thursday afternoon confirming that the municipality will in fact appeal the ruling in the Georgian Beach Road lawsuit which was dismissed by Ontario Superior Court Justice Daley on September 21, 2011.
“The Municipality of Meaford Council has had the opportunity of reading the entirety of the decision with the input of counsel and staff. After much deliberation, the Municipality of Meaford Council has decided to file an appeal to the Municipality of Meaford v. Grist, et al Summary Judgment Motion of Justice Daley issued September 21, 2011,” read part of the press release.
Though no specific grounds for appeal were identified, the municipality says that they believe there were errors in the summary judgement issued by Justice Daley.
“The Municipality of Meaford Council has had several legal opinions regarding the Summary Judgement Motion and believes there appears to be errors in the judgement that are arguable. Council has directed staff and counsel to file a Notice of Appeal for this Friday, October 21 at which point the matter will be before the Court of Appeal,” read the media release.
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 had in large part hinged on a bylaw from 1854 that they say proves that the road exists and has never been officially closed off.
Though the initial lawsuit was brought against just a few property owners, when the case finally reached a courtroom last year, the judge ordered that the municipality must include all property owners along the stretch of road which expanded the case to some 70 properties.
Meaford CAO Frank Miele told The Independent in late September that the municipality has thus far spent in excess of $600,000 on the Georgian Beach Road lawsuit.
It is unknown at this time how much the defendants in the case have claimed in legal costs after the summary judgement was issued.
In his ruling which is dated September 21, Justice Daley said that the 1854 bylaw is not sufficient proof that a road existed.
“The record is clear that the defendants’ cottages have all been built or renovated with Meaford's permission on the basis that they were in conformity with the provisions of the applicable zoning by-laws. This conformity was judged in relation to the set back from the water's edge and not from the Disputed Road. Permits were issued by Meaford's Chief Building Official, who would have known of the existence and location of all streets and roads in order to ensure compliance with the applicable zoning by-laws,” read part of Justice Daley's 28 page ruling.
Several attempts to contact CAO Miele on Thursday for additional comment were unsuccessful.
UPDATE: The Municipality of Meaford has posted the notice of appeal in this case on their website. You can view the notice of appeal by clicking here. (clicking will open a PDF document)
The full ruling can be viewed by clicking here.
