Case information
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35059
Lansdowne Park Conservancy v. City of Ottawa
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-04-18 | Close file on Leave | |
| 2013-04-16 | Certificate of taxation issued to, Stuart J. Huxley | |
| 2013-04-16 | Decision on the bill of costs, in the amount of $1,655.58, Reg | |
| 2013-04-16 | Submission of the bill of costs, Reg | |
| 2013-03-04 | Bill of costs, Completed on: 2013-03-04 | City of Ottawa |
| 2013-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-01-11 | Judgment on leave sent to the parties | |
| 2013-01-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M41291, dated August 28, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2012-12-10 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2012-11-29 | Book of authorities | City of Ottawa |
| 2012-11-29 | Respondent's response on the application for leave to appeal, Completed on: 2012-11-29 | City of Ottawa |
| 2012-10-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-10-29 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2012-10-29 | Application for leave to appeal, Completed on: 2012-10-29 | Lansdowne Park Conservancy |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Lansdowne Park Conservancy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Ottawa | Respondent | Active |
Counsel
Party: Lansdowne Park Conservancy
This party is not represented by counsel.
Party: City of Ottawa
Counsel
110 Laurier Avenue West
3rd Floor
Ottawa, Ontario
K1P 1J1
Telephone: (613) 580-2424 Ext: 21630
FAX: (613) 560-1383
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Canadian Charter of Rights and Freedoms — Municipal Law — Contracts — Tenders for construction contracts — Partnering agreements with private business — Was there a breach of s. 7 of the Charter by the Court of Appeal denying leave to the applicant when the matter raises questions of great public importance and there was an arguable case? — Was there a breach of s. 7 of the Charter by the Divisional Court of Ontario denying procedural rights to a self represented applicant? — What are the limits of the use of the Abuse of Process doctrine and can it be applied by the judiciary when the motion record including transcript are not available? — Does s. 7 of the Charter encompass a protection of procedural rights as a principle of fundamental justice.
The Applicant Lansdowne Park Conservancy applied for judicial review to quash or prohibit, on the grounds of illegality, the sole source negotiation between the City of Ottawa and Ottawa Sports and Entertainment Group (“OSEG”) for an agreement for the redevelopment of Lansdowne Park. The City asked that the application be dismissed as an abuse of process. The crux of the application was the applicant's alternative proposal for redevelopment of the park. The City had received a proposal for redevelopment of the park from OSEG and City Council passed a resolution to negotiate a partnership agreement. The City Purchasing By-law provided that a competitive bid process could be waived where there was an absence of competition and the goods, services or construction could only be supplied by a particular supplier. The City received advice that the bylaw was not contravened on the basis that the OSEG proposal was a sole source response to an unsolicited bid. The City approved the Lansdowne Park Partnership Plan ("LPP"). A group called Friends of Lansdowne commenced an application to quash for illegality the bylaws and resolutions made by the City relating to the redevelopment. The application was dismissed. An appeal was taken to the Court of Appeal, which had reserved its decision at the time (it has since been dismissed). Shortly after the Friends decision, the Applicant commenced his application for judicial review in the name of the Lansdowne Park Conservancy
Lower court rulings
Ontario Superior Court of Justice
55/12, 2012 ONSC 1975
Judicial review application seeking to quash or prohibit current sole source negotiation between City of Ottawa and business consortium for redevelopment of Lansdowne Park in the City of Ottawa, dismissed
Court of Appeal for Ontario
M41291
Leave to appeal denied.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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