The Meaford Independent learned Wednesday (January 11) that the Superior Court Justice who dismissed the Municipality of Meaford's lawsuit against some residents of Georgian Beach Road has ordered Meaford to pay the defendants more than $600,000 in court costs.
Superior Court Justice Daley said in his ruling that he found no “reprehensible conduct” on Meaford's part and awarded 65 percent of the defendants legal costs.
“Although it was determined that the plaintiff's action should be dismissed for the reasons expressed, there was no finding that the plaintiff's conduct was reprehensible or so egregious so as to warrant an elevated level of costs,” ruled Justice Daley.
Of the $617,000 that Justice Daley has ordered Meaford to pay, $342,842 has been awarded to Geoff and Pauline Grist, with the remainder divided amongst other defendants including slightly more than $28,000 to be paid to Fairview Trailer Park.
An email sent to Meaford CAO Frank Miele early Wednesday afternoon for comment on the ruling had not been responded to at the time of publication.
Deputy Mayor Harley Greenfield who has been vocal in his opposition to Meaford's decision to appeal the summary judgement issued on September 21 of 2011 which dismissed Meaford's claim, was copied on the email from The Independent and did respond on Wednesday evening.
Greenfield said that he had not been made aware that a ruling for costs had been issued, and therefore could not comment at that time.
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.
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, which when combined with the order to pay costs brings Meaford's total cost for the legal action to more than $1.2 million.
In his summary judgement ruling which was issued September 21, Justice Daley said that the 1854 bylaw was not sufficient proof that a road existed.
Meaford's council voted in favour of appealing that decision in late October saying that their legal team believed that the judge had made errors in his ruling.
“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 issued by the municipality on October 21 of 2011.
“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.
Though the order to pay costs says that payment is to be made to the defendants within 90 days, it is likely that payment will be delayed until after the appeal process runs its course.
