Developer sues Markham, residents for $10M over Town Crier Lane development
Statement of claim alleges city negligent; city will defend itself

YorkRegion.com
April 10, 2018
Tim Kelly

The developer behind a Markham Village development passed by council last December has turned around and launched a $10-million lawsuit against the City of Markham and two local residents.

City Park (Town Crier) Homes Inc., in a statement of claim filed March 7, is suing the city and residents Ruth Winterfield and Stephen Burgess, who opposed the 11-townhouse development on Town Crier Lane, because Burgess and Winterfield applied to the Ontario Municipal Board to appeal the city’s decision to approve the development.

City Park says in its statement of claim that Winterfield and Burgess, who made deputations on their personal behalf at a November meeting not on behalf of the Old Markham Village Ratepayers Inc., were not eligible to appeal to the OMB on behalf of the ratepayers.

City Park is suing the individual defendants because it says they were negligent in filing appeals. “They knew or ought to have known were illegal and/or improper" and as a “result of the negligence of and breach of duty of the individual defendants, harm was caused to the plaintiff,” the statement says.

It adds that the City of Markham was “negligent and, as such, is liable for damages. As a result of the negligence and breach of duty by Markham, harm was caused to City Park.”

The City of Markham said it intends to fully defend itself but had no other comment.

Burgess and Winterfield did not wish to comment.