It s a relief, said Wilhelm-Morden when asked how she felt now that issue was finally settled. I said when they originally filed the appeal that I was disappointed it had not been concluded and that it was continuing this prolonged saga. So I m very relieved that it s finally over.
Originally owned by the Saxton family, the lands were expropriated by the RMOW in 1987 in order to make way for what is now known as Rainbow Park. At that time the muni paid the family $367,000 for the lands based on its assessment of fair market value at that time. Feeling underpaid, the family took the RMOW to court in 2009 and was awarded a further $1.3 million in 2010. In April of this year, the RMOW and the Saxtons returned to court to determine the interest and costs from the case, which was set at a further $1.4 million - $3 million short of the $4.4 million the Saxtons were seeking. With 30 days to appeal the May 4 ruling, an appeal was filed on May 31 on behalf of the family.
Photo by Photo by Joern Rohde / www.wpnn.org
The municipality owes the Saxton family an additional $1,045,000 in interest, following the final ruling today (Friday, May 4) in the 25-year legal battle in the Rainbow Park expropriation case.
Madam Justice Adair ruled today that the total interest owing from the RMOW was about $1.5 million, but the municipality has already paid the Saxtons about $461,000 in interest.
Today s ruling brings the RMOW s total damages in the case to $2.44 million, not including the legal costs to fight the Saxtons s ongoing action.
The Saxton family s lawyer was claiming almost $4.5 million in interest, but the municipality s lawyers argued in court on April 2 and 3 that the amount should be reduced because of significant delays on the Saxtons s side in advancing their claim for compensation. According to a press release issued by the RMOW, Madam Justice Adair ruled this morning that the Saxtons are not entitled to collect interest f