Charles Crober and Christopher Rowntree, who fought unsuccessfully in court against the issuance of a building permit for a grain terminal project by Morrisburg Dock Expansion Inc., along Lakeshore Drive, are facing significant costs for fighting that fight.
June 28, 2016, Justice Ronald M. Laliberté Jr. released the court ruling on costs.
The Applicants, Charles Crober and Christopher Rowntree shall pay the Respondent Morrisburg Dock Expansion Inc. costs in the amount of $121,692.23, on or before September 30, 2016.
The Applicants are jointly and severally liable for these costs.
The court was asked to rule on the issue of costs between the Applicants, Crober and Rowntree, and the Respondent, Morrisburg Dock Expansion Inc.
The question of costs in regards to the Municipality was resolved on consent.
In this case, Crober and Rowntree had retained new counsel – Roberto Ghignone.
In the discussion portion of the ruling it is stated that the applicants (Crober and Rowntree) are not considered public interest litigants.
“The concerns raised by this building permit are found to be personal to the Applicants by reason of their proximity to the proposed project.”
The cost award reflects the Applicants’ conduct, through counsel, that the court said, “was, at times, troubling.”
“While significant for the parties involved, these proceedings did not raise complex legal issues,” said the document.
Morrisburg Dock Expansion Inc. claimed costs ranging from $199,595.96 to $219,970.44, but the court found those costs unreasonable.