City Park Town Crier Homes Inc. (City Park) has launched a $10 million lawsuit against two Markham residents for filing “improper” appeals to the former Ontario Municipal Board. The suit alleges that they failed identify themselves as members of the Old Markham Village Ratepayers Association when first speaking out.
They did, however, use the ratepayer association’s name when filing their dispute with the Local Planning Appeal Tribunal several weeks later. The suit also accuses the City of Markham of being “negligent” and breaching its “duty of care” by forwarding the ratepayer’s OMB appeal in the first place.
Ruth Winterfield and Stephen Burgess opposed the 11-unit development services committee meeting in Nov 2017, as the project would require the demolition of heritage structures.
Since then, City Park has lost $500,000 in interest and costs and has been powerless in selling their real estate. Even if the tribunal dismisses the appeals launched by Winterfield and Burgess, there is no guarantee that City Park will drop their lawsuit as a result of these losses.
They are quoted in the Toronto Star saying “the individual defendants had a duty of care to City Park to take reasonable care and not file improper and/or illegal appeals,” as per their claim.
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(Image taken from Facebook)