Today we issued the following press release expressing our concern that both OSEG and the City are trying to intimidate citizens by threatening cost awards. Note that the hearing tomorrow is at 11 a.m. in the Ottawa Court House on Elgin and is open to the public.
In other news, the City has given notice that is repealing the heritage designation of the Horticulture Building. Heritage Ottawa will appeal this decision to Ontario's Conservation Review Board.
We are doing well in our fundraising. Our total donations now top $60,000. But we continue to need your support. At this time of year, we know there are many demands on everyone, but consider that a donation to Friends of Lansdowne is a gift to future generations.
Citizens to resist City pressure tactics
Friends of Lansdowne Inc., together with downtown resident Doug Ward and Kanata resident Gary Sealey, say they will fight back against moves to threaten them with legal costs. Tomorrow at 11 a.m., Ottawa Sports and Entertainment Group will be in court seeking to join the City in stopping Friends of Lansdowne. The City is acquiescing in the OSEG move and has no objection to OSEG seeking legal costs against a community group or individuals.
The Friends of Lansdowne are challenging the City's decision to sidestep the provincially mandated competitive process and go with a sole-source contract for the multi-million dollar deal for Lansdowne redevelopment. This legal application is specifically allowed under the Municipal Act as a way for taxpayers or others to challenge the legality of government action.
"I want to see a competitive process to make sure taxpayers get the best possible value for Lansdowne Park. I also want to make sure it is preserved as a heritage public place", said Gary Sealey, one of the applicants. "I'm doing this on behalf of all taxpayers. I won't earn a cent whatever the outcome". This is known a 'public interest' litigation where typically judges have ruled neither side can get legal costs from the other. The City has adopted a similar policy.
But yesterday the City said, through its lawyers, that they were leaving open the option of whether to go after Ward and Sealey personally for what might amount to tens of thousands of dollars; They said they would not decide whether to apply the policy until the end of the case.
" To put off this decision on seeking costs is an effort to intimidate me", said Ward. "It's a David and Goliath scenario for sure. I'm hoping that the Courts will not let city lawyers and wealthy developers intimidate concerned citizens".
Archie Campbell, President of the Federation of Citizens' Association--an umbrella group of over 30 community associations--is deeply concerned by the stance of the City on this issue. "If the City fails to uphold its policy on public interest litigation, it will cast a real chill over the ability of citizens or community groups to bring important public interest issues before the courts".
See the legal section on www.letsgetitright.ca to see the exchange of letters on this topic.