A Virtual Hearing for the 40% Agreement?

In March there was discussion across the parties about the possibility of seeking a teleconference to review timing and possible dates in hopes of avoiding a longer delay in scheduling the hearing.   Our lawyers were consulted and we agreed with the City’s team at Borden Ladner Gervais (BLG).  ClubLink disagreed and opposed it.

Legal Update:  We are seeing activity in the Courts… a welcome sign.  A hearing on the horizon for the 40PA?

In March with the first Covid-19 closures, there was discussion across the parties (the City and ClubLink and, at that time, Imperial Tobacco) about the possibility of seeking a teleconference to review timing and possible dates in hopes of avoiding a longer delay in scheduling the hearing.   Our lawyers were consulted and we agreed with the City’s team at Borden Ladner Gervais (BLG) that the use of technology to speed up the schedule if possible was acceptable.  ClubLink disagreed and opposed it.

Through April, there was still no agreement reached and on May 1, BLG took another tack and wrote to the Court suggesting that the City and the KGPC wanted to move ahead expeditiously but that they did not have the agreement of ClubLink.

Justice Labrosse replied on behalf of the Court yesterday, Thursday May 14 and said to all parties

“Further to Ms. Crain’s letter dated May 1, 2020, it is unclear to the Court as to why this matter cannot proceed by video conference or teleconference.  All the original materials have been filed and can be in Justice Labrosse’s possession at the time of argument.  Given the current limited operations of the Court, this appears to be a case with good potential for a virtual hearing.  The trial coordinator will convene a 60-minute case conference with the Court whereby the merits of a virtual hearing will be canvassed with the parties.  Each party will advise the trial coordinator within 48 hours of the dates and times that they are not available for a case conference during the next 14 days.  There is no need for any case conference briefs to be filed but any party may do so if they wish provided that reasonable notice be given of their intention to file a case conference brief.  Thank you.

The KGPC continues to support getting the hearing back on track as quickly as possible, however, we have never lost sight of the importance of making sure our community can watch the proceedings if we cannot physically attend due to ongoing Covid-19 closures.   We discussed the issue with our lawyers. They point out that recently Divisional Court has started broadcasting hearings via YouTube and some Federal Courts have been operating via Zoom. This is good news from our perspective and our lawyers at Caza Saikaley will work to ensure that should a virtual hearing be scheduled, it will be broadcast for the benefit of all those interested in following.

We will be in touch as soon as we have solid information coming out of the case conference.

And one quick but important reminder before we go.

We always need your help. 

Help us fill our streets again this year with our message for ClubLink.

The $25 from your lawn sign purchase or a donation will help fund our upcoming hearing costs and you must know that fundraising is tougher than ever with the Covid-19 restrictions.  Please help us to protect our shared greenspace.

Order your sign on our website.    We’ll even do the work and plant it on your lawn for you!

Be safe and stay hopeful!  We are always better together!

Barbara

Barbara Ramsay
Chair, Kanata Greenspace Protection Coalition

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