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Court rules in favour of Pointe Estates developer over legal costs

Sault Ste. Marie developer Jeff Avery will have at least a portion of his legal costs covered by opponents of his proposed Pointe Estates subdivision project, if he should win in a matter currently being contested in court. SooToday.

Sault Ste. Marie developer Jeff Avery will have at least a portion of his legal costs covered by opponents of his proposed Pointe Estates subdivision project, if he should win in a matter currently being contested in court.

SooToday.com has learned from Avery's lawyer, Orlando Rosa, that Justice Robert Del Frate, of the Ontario Superior Court of Justice Divisional Court in Sudbury, has ruled that $20,000 must be forked over by the Pointes Protection Association (which is the neighbourhood group opposed, over what it calls watershed concerns, to Avery's proposed 91-lot subdivision) and paid to Avery if his defence is successful.  

The $20,000 is to be held by the court, to help with Avery's legal costs, should he be successful.

Justice Del Frate made the decision in Sudbury Thursday.

A full hearing on the subdivision matter is scheduled for October at the Ontario Superior Court of Justice Divisional Court in Sudbury.

Avery’s project calls for a 91-lot single detached rural estate subdivision south of Pointe Aux Pins Drive, west of Dalgleish Road, north of Alagash Drive and Pointe Louise Drive.

The area comprises 102 hectares (252 acres).

Pointes Protection Association (PPA) members live near the area of proposed development and have long held the position that the development would harm the quantity and quality of the water supply in the area.

"We're very pleased with the decision.  We think it's the right decision.  Now let's move forward," Rosa told SooToday.com Friday.

"At the end of the day why should one litigant get away with not paying in the event that they're unsuccessful," Rosa said.

Thursday's ruling, in referring to the Pointes Protection Association, states: "the issues involved in this litigation relate to the interests of only a minority of the residents of this subdivision.  Of some 115 eligible members, only 27 members are part of this corporation.  The vast majority of the residents have not expressed an interest in the proceedings and one can infer that they are satisfied with the development proceeding."

Further, the ruling states: "The project involves a localized area of Sault Ste. Marie and will not have repercussions for the general public.  Its opposition appears to reflect a NIMBY "Not in My Backyard" attitude."

"The members seem to want to protect the neighbourhood even though the great majority of the neighbourhood has shown no interest in opposing the project.  From its incorporation in 2008, the PPA has been able to garner only 27 members."  

Avery's long-cherished Pointe Estates project was approved, in a 3-2 recorded vote, by the Sault Ste. Marie Region Conservation Authority (SSMRCA) Board at its December 13, 2012 meeting, despite opposition from the PPA.

Sault lawyer Helen Scott, representing the PPA, presented the SSMRCA Board in March with notice of a legal challenge to its December 2012 decision.

Legal documents filed by Scott in March state the Board “exceeded its jurisdiction (in its December decision) with no reasonable evidence to support its decision,” and that the Board has failed to meet its own bylaws (176/06) aimed at protecting wetlands.

Running alongside this matter, Sault Ste. Marie City Council, in a 7-4 recorded vote, rejected Avery’s Pointe Estates subdivision application at its July 15 meeting.

Avery has filed an appeal of Council’s decision with the Ontario Municipal Board (OMB).

It is not yet known when the OMB will consider the matter, although Rosa told us Friday the OMB hearing will likely take place in Sault Ste. Marie six to eight months from now. 

 


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Darren Taylor

About the Author: Darren Taylor

Darren Taylor is a news reporter and photographer in Sault Ste Marie. He regularly covers community events, political announcements and numerous board meetings. With a background in broadcast journalism, Darren has worked in the media since 1996.
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