Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#19404
COSTS TO DEFEND AGAINST VEXATION : municipality gets PLANNING WATCHDOG ruled VEXATIOUS 2023/04/24 18:57  
( update at Aug 9 2023 : Ottawa Citizen “Vexatious litigant Steve Maynard seeks to renew court battle with Mississippi Mills subtitle : The former mayoral candidate is seeking the court’s permission to institute new proceedings after he was ordered to pay the township $30,000 in legal fees. “ by Aedan Helmer
https://ottawacitizen.com/news/vexatious-litigant-steve-maynard-seeks-to-renew-court-battle-with- mississippi-mills )

* * *
Not legal advice,as usual .

An Ontario Superior Court judge has ruled that a self-appointed "Municipal Planning watchdog" is a vexatious litigant.

It ruled that the ( self-appointed ) "watchdog" respondent will be restrained & hit for a still undetermined range of defence costs & litigation-shielding costs incurred solely by his municipal target(s). That target's in a small but trendy Eastern Ontario township about a half hour west of Canada's capital. At least there's a redemptive tractor dealer but nothing green nor orange nor blue .

Those elsewhere considering such ( allegedly litigation blitkrieg ) campaigns - possibly including in the condo or Building Scheme / POA universes - would respectfully be advised to consider the scale of whatever will get awarded nowadays. ( And also the reputational damage if that's of any concern at all. )

What might the awards total ? ( In 2014 a B.C. strata corporation was cited to have incurred over $ 250 K in defence costs against an avalanche of multiplicative challenges of a strata parking by-law. The by-law challenger & his strata-owning wife were eventually expelled with the blessing of B.C.'s Court of Appeal https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18121&catid=11#18121 )

This time the small town planning etc disputes did NOT originate from condo nor development related disputes.

( But almost concurrently the same municipality has managed to get a vexatious litigant designation also laid judicially on a different disputant whose condo development proposals have been allegedly blocked by the municipality. Hmmm ? Does one start to suspect the small municipality itself of ? ? ? )

BUT the "watchdog's" just-ruled vexatious designation got front page news treatment in the mainstream Ottawa press.

And the designation-imposing judgment sternly denounces the wider havoc of a vexatious campaign it castigates as caused INDIRECTLY against genuine litigants or stressed justice system applicants & judicial players & municipal staff. That's for being within an overloaded civil justice system & tribunal systems.


The "designation"-obtaining process appears to have taken a year and a half during which time the "watchdog" kept filing new judicial initiatives !

By October 2022 the small municipal taxpayers' PRIOR merely defence costs alone, were claimed to have hit $ 100 K . Remember that this is a small town municipal governance environment. Some folks are even allowed to have chickens in the country . . . .

AND NOW there's also to be added the upcoming legal costs of obtaining the litigation shield.

And the ruled vexatious litigator has announced he will appeal all that

More to come about what this ongoing process & ? "scarlet lettering" will continue to cost financially and to some reputations within a small community. It's a place to which folks arrive looking for a peaceful retirement or whatever . . .

Municipality of Mississippi Mills v Maynard 2023 ONSC 2329 issued April 18/23 https://canlii.ca/t/jwq0s

April 21/23 Ottawa Citizen FRONT PAGE : “ XXX declared vexatious litigant after 'long, exasperating, expensive' legal battle with Mississippi Mills” by Aedan Helmer https://ottawacitizen.com/news/local-news/steve-maynard-declared-vexatious-litigant-after-long- exasperating-expensive-legal-battle-with-mississippi-mills

- Oct 28/22 Citizen “Judge says Mississippi Mills has 'strong case' to proceed with vexatious litigant lawsuit “ by Aedan Helmer https://ottawacitizen.com/news/judge-says-mississippi-mills-has-strong-case-to-proceed-with- vexatious-litigant-lawsuit-against-steve-maynard
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster