Saturday 20 January 2018

$Millions here $Millions there



Multi $Millions everywhere and only taxpayers to foot the bill!
When does the taxpayer hear about it?
 
 KINGDOM CONSTRUCTION LIMITED v. REGIONAL MUNICIPALITY OF NIAGARA



17      The termination of an agreement is a very serious matter. It is the cessation of a legal relationship between two parties which most often leads to costly legal actions, such as this one, in order to settle the differences between them. A notice, therefore, which is the commencement of the termination procedure must be one which brings home to the party to be charged the purpose thereof so that it may be said that there was no doubt that the defendant realized the serious consequences of his inaction. The letter of April 13 is not such a notice. No proper notice having been given to the defendant, it follows that the 90-day period never began to run and, therefore, the plaintiff's termination was a wrongful one.
Disposition
[151]      On the basis of the foregoing, judgment shall issue requiring the defendant Region to pay to the plaintiff Kingdom damages in the sum of $2,100,000 plus HST thereon, totalling in all the sum of $2,373,000, being the quantification of the plaintiff’s damages agreed to by the parties.
            Costs
[152]      The parties are encouraged to agree upon costs. If they are unable to do so, the plaintiff may make written submissions as to costs within twenty-one (21) days of the release of these Reasons for Judgment. The defendant has fourteen (14) days after receipt of the plaintiff’s submissions to respond. All such written submissions shall not exceed five (5) double-spaced pages, exclusive of Costs Outlines or Bills of Costs, Offers to Settle and Authorities, and are to be forwarded to me at my chambers at 85 Frederick Street, 7th Floor, Kitchener, Ontario N2H 0A7.  If no submissions are received within this timeframe, the parties will be deemed to have settled the issue of costs as between themselves. 

 Report by SANDY




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