One year after the multiplex lawsuit that was heard by the local Court of Queen's Bench, the City of Moose Jaw has received $6,990 in legal fee reimbursement from the appellants who lost their case. In their written decision on Dec. 24, 2008, Saskatchewan Court of Appeal Judges Nicholas Sherstobitoff, Georgina Jackson and Robert Richards affirmed the Aug. 26, 2008, decision by Court of Queen's Bench Justice Guy Chicoine and ruled in favour of the City of Moose Jaw. The three-judge panel rejected Regina lawyer John Beke's argument that the City of Moose Jaw needed to hold another referendum to amend the November 2006 referendum, and ruled the appellants would have to cover a percentage of legal costs incurred by the city in the appeals case. Myron Gulka-Tiechko, city clerk-solicitor, told the Times-Herald the money the city finally received only represents a portion of the "several tens of thousands of dollars" the city actually spent on legal fees, but the courts typically only ever require those losing lawsuits to pay a portion of the defendant's legal costs. He added courts will occasionally make lawsuit losers pay the entire legal fees of their opponents if the losers have been completely out of line, although that is rather unusual. Michael and Karen Dolan, Maurice Olsen, Margaret Moran and Gerald Hiebert were the backers of the lawsuit. They were represented by Beke. The city hired Saskatoon lawyer Doug Hodson. The controversy leading to last year's multiplex lawsuit surrounded a 2006 referendum question (which was passed) stating: "That the city of Moose Jaw re-affirm its financial commitment of $15 million towards the construction of a multiplex facility, consisting of a stadium-style hockey rink with attached curling rink, at an estimated cost of $36.3 million as envisioned in the business plan dated November 2005 from Nustadia Recreation Inc." In June 2008 council approved a $61.3 million multiplex project (including an added soccer facility), with the city's financial commitment approximately $19.5 million above the referendum figure. According to the Cities Act (section 113), there are only three ways a bylaw, passed by referendum, can be amended. One of those ways is letting three years pass, another is if amendment is necessary for safety reasons and the third way is through another referendum. Carter Haydu can be reached at 691-1265.
City of Moose Jaw reimbursed for multiplex suit
City of Moose Jaw reimbursed for multiplex suit
Total of $6,990 in legal fees returned to city by losing appellants in referendum lawsuit
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Comments
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- Steven
- - September 18th, 2009 at 17:51:21
Yeah, it's interesting how they constantly complain about backroom deals and boys clubs when they won't allow the other perspective on their site to call B.S. on their little conspiracy theories
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- Pro-Gress
- - September 18th, 2009 at 17:43:45
Dee, the only reason we had to pay to vote the second time was due to Larry and the 10% lemmings! It must be boring for the sourmooseforum losers to have to keep agreeing with the 6 of each other all the time!! haha
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- Poor
- - September 18th, 2009 at 17:18:27
Beautiful project, you must be sicker than Jones. A half a...d bulding stuck in between a bunch of falling down buildings. Nice parking also. The lawsuit was good.
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- Dee
- - September 18th, 2009 at 16:57:09
anna1, I think you have me confused with someone else.
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- observer
- - September 18th, 2009 at 16:37:08
Not surprising to see the pro-plex side maintaining a strong pressure to maintain the riff within the city. For all these comments are just a slap in the face to that high percentage of Moose Javians who voted against this project. All this should go along ways to filling these facilities with supporters, let alone contributors to the fund raising, , , oh right what fundraising!
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- Tyler
- - September 18th, 2009 at 16:26:35
I almost forgot... There is more intelligence in one of my dry popcorn f@rts than that entire so called moose jaw forum. It should be renamed moosecave or sourmoose.
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- Dee
- - September 18th, 2009 at 16:25:29
Someone should really tally up all of the costs for delay. Don't forget, we voted on the multiplex twice - both times at a cost to the taxpayers. Now, we have to eat this cost.
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- S
- - September 18th, 2009 at 16:19:14
I don't agree that the city should be able to recoup any legal fees over this lawsuit. Does this mean that down the road when the debt load is too much for us that citizens can sue the council who put the Multiplex in place for damages and pay back for the debt they caused?
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- Todd
- - September 18th, 2009 at 16:12:15
This is a far cry from the $40,000 wasted on a ridiculous rant. The instigators of this lawsuit state they have no regrets. It's too bad the rest of Moose Jaw doesn't agree. We regret the money wasted, we regret the delays , delays and more delays. We can only hope that the rest of this crew chips in...they were part of the fan club also.Great to see all the activity involved in our new facility....FINALLY.
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- Steven
- - September 18th, 2009 at 16:11:40
The people responsible for instigating the legal action are getting what they deserve. They really thought they were doing something for the benefit of all of us. What a joke. It's too bad they're not on the hook for all of the city's legal fees. Then again, we've got their names. We could just send them a bill since the remaining portion is coming out of our pockets.
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- Pro-Gress
- - September 18th, 2009 at 16:05:40
It warms my heart to see these cavers have to pay for a portion of the city's legal cost plus thier lawyer bill with Beke plus still contribute the same as the rest of us to the Multiplex! Oh and PoorTaxpayer, that was 4 judges ruling in the city's favour not 1..the real crooks cost the city thousands in frivalous court action!! moosejawforum is dead..cavers abandoning ship!!!
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- anna1
- - September 18th, 2009 at 16:04:20
Dee you were one of those pushing for the second vote, you were spouting off like crazy about it. That was until Darin Chow chewed you up during your address to council. Whoo hoo I LOVED watching that on channel 10. He tore your claims apart like a cheap wet kleenex. And then the city backed him up by voting 60% in favor fo the project.
HA! -
- Steve
- - September 18th, 2009 at 15:55:13
Thanks to that group of arrant knaves!!! i wish you had to pay the full $60 g plus.
Morons, i'm glad i don't know any of you personally... what a disgrace to society. -
- Tyler
- - September 18th, 2009 at 15:54:53
moosejawforum is an old boys club anyways. They don't allow people to register to get on there. They talk non stop about backroom deals and the such but they have no problems having their own private crybaby club.
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- mark
- - September 18th, 2009 at 15:54:18
Maybe someone should be asking why Mr. Gulka-Tiechko selected the most expensive Regina law firm he could find? Certainly, other firms could have done the work for far less money.
Could Mr. Tiechko's past NDP affiliations have had anything to do with it? An ex-NDP Crown Corp. VP, now working for the City of MJ, selecting a NDP-leaning law firm, to represent the City? -
- Sledge
- - September 18th, 2009 at 15:52:35
YES LETS SUE OURSELVES AGAIN! We are such a progressive and smart city! (not)
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- Observer
- - September 18th, 2009 at 15:49:19
Losers is a fitting description. Bring on this beautiful project!
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- Harold
- - September 18th, 2009 at 15:47:37
Time to pay up suckers!!
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- Ray
- - September 18th, 2009 at 15:40:25
Well, Mark, the city went with the most expensive lawyer they could find in Saskatoon - not Regina - because they could.
They chose the best lawyer available in a case like this because they - like any group or individual - have the right to seek the best possible representation available. So they got the guy who was most likely to win the case.
He could have been a member of the Communist-Nazi-Babykiller Party, if he was the best available, so be it. And as it turns out it was money well, well, WELL spent given the results. Haven't seen an epic beating like that since Tyson was boxing.
Of course, given the facts in the case, Darin or Tim probably could have run the show themselves and won an embarassingly easy victory, but why leave it to chance.
Maybe John Tavares can score in a shootout, but why use him when you have Alex Ovechkin at your disposal? Same kind of deal.
