County legal cost submission awaits final direction from council

New Tecumseth Free Press Online

As reported here first on Monday, Simcoe County met a court imposed deadline of October 5 to submit its reasons for seeking recovery of all or part of its approximate $23,485 legal bill defending against Aware-Simcoe’s motion for a temporary injunction of a special permit issued to Tecumseth Estates to clear 30 acres of 9th Line woodlot in Beeton.

The division court ruled against Aware-Simcoe’s application, which now awaits the outcome of its request for a judicial review of the permit’s approvals process last winter.

Tecumseth Estates (Rizzardo) has also filed separately for costs seeking all or part of about $29,000 in legal bills. They are not constrained by the County’s ultimate decision on this matter.

In the County’s case, an update on the cost submission is included on the agenda of council’s Oct. 13 meeting, including the explanation that it was filed to meet the deadline as directed by councillors in September.

“It is our understanding that Her Honour (Justice Eberhard) will then allow AWARE ten days in which to review the submissions and present its response,” according to the report prepared by Brenda Clark, County Clerk. “In consultation with Warden Marshall, the County’s legal counsel submitted a request to meet the October 5th deadline so that this option may be maintained for Council’s consideration. (Please see Schedule 5 attached to this Item). Given the time allotted to AWARE for review and response, County Council will be able to consider this matter and provide direction at its October 13, 2015 meeting. It should be noted that even if Her Honour should award costs, it will still be open to Council to determine whether it wishes to waive costs.”