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Developer awarded $1M in Victoria, BC case

Buffalo lawyer John Keenan cited a Supreme Court of Canada case between Pacific National Investments Ltd. and the city of Victoria, BC, as a precedent that no legal harm will come to the Town of Fort Erie if it reneges on the agreement to build the Bay Beach condominium project.

The attorney hired by the Fort Erie Waterfront Preservation Association said the precedent is applicable to Fort Erie, and the “case stands for the proposition that if the Council repeals bylaw 26-10, absolutely no damages should be due to the Molinaro Group.”

The Supreme Court awarded the developer $1.08 million in November 2004 plus interest accrued since October 1993 and the appellant’s legal costs.

59     I would therefore allow the appeal, set aside the decision of the British Columbia Court of Appeal, and restore the trial judgment requiring the respondent City to pay the appellant $1.08 million. Interest will accrue on that amount at registrar’s rates from time to time commencing the 1st day of October 1993 to the date of this judgment. The appellant is entitled to its costs of the trial before Wilson J. and of the appeal from that judgment to the British Columbia Court of Appeal, and the costs of the present appeal in this Court.

Read the entire decision. Pacific_National_Investments_Ltd._v._Victoria

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  1. Shawn | Mar 7, 2011 | Reply

    I guess we can agree with him on one point. “the precedent is applicable to Fort Erie” Wow I guess we found Nasa’s missing rocket scientist.

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