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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