New updated content: 2018-07-23 12:35:12
Paul reported on a contact from a concerned resident regarding a very contentious distinctive tree removal for an infill project in Old Ottawa East which will likely involve a precedent setting private lawsuit against the developer. More information will be shared as this action is formalized.
New updated content: 2020-07-20 09:20:48
The GA has been assisting a local resident who has sued a developer for the loss of a distinctive tree as result of a construction project on an adjacent property. The case has been in Ontario Superior Court for going on two years now, with the defendants using every tactic to delay and complicate the process. The latest move was to file for the case to be dealt with through a summary judgment. This hearing will be held in November. In the absence of any legal capacity, members discussed how we might be able to otherwise assist the plaintiff. Suggestions included offering translation services (the defendants have recently taken to providing all of their affidavits in French only, knowing the plaintiff is unilingual English), documenting the case history from its beginning, seeking volunteer law students from the local university placement programs, using our media contacts to get coverage of the story. These ideas will be proposed to the resident.
New updated content: 2020-09-21 09:46:53
Old Ottawa East Tree Removal Lawsuit
In accordance with our discussion at the July meeting, the GA provided some assistance to a resident who is suing a developer for damages as a result of the destruction of a distinctive tree on their property. The defendants have deployed more delaying tactics.
New updated content: 2022-03-28 09:25:59
Paul reported that he submitted an ATIP request to the City of Ottawa regarding the removal of a distinctive tree in old Ottawa East, on a file that we have been following for some time now.
New updated content: 2023-01-16 11:49:18
Development application, 2504 White Street, Orleans
Paul provided an update on this development application, after further communications with area residents.
New updated content: 2024-03-18 15:38:52
Old Ottawa East distinctive tree litigation update
The GA has for a few years been following the case of a homeowner who has sued a developer for the loss of a distinctive tree as a result of an infill project on an adjacent lot. This case is still making its way through the courts but in a recent development, the developer sued the homeowner in Small Claims Court for defamation. The homeowner prepared a defense based on the anti-SLAPP provisions of the Courts of Justice Act of Ontario. Unofficially, we have learned that a judgement has been made that would establish that an anti-SLAPP defense would no longer be available to litigants in Small Claims Court. This exposes residents and not-for-profits to unfounded defamation suits up to $35,000, with no recourse to the expedited anti-SLAPP process. It seems the only way forward would be to seek a legislative amendment that would make explicit that the anti-SLAPP provisions are available to defendants of defamation suits in Small Claims Court. Members agreed that this was serious concern and that we should seek advice and support on alternative legal or legislative means of closing this loophole.
