skip to main content




Back to all Representative Matters
Jul 25, 2019

Charlesfort Developments Awarded $4.5 Million in Damages in Lawsuit with the City of Ottawa

Timothy J. Hill, N. Jane Pepino, Mark van Zandvoort, Angela Swan and Dillon Collett

Charlesfort Developments Ltd., represented by litigation lawyers Tim Hill, Jane Pepino and Mark van Zandvoort, with research support from Angela Swan and Dillon Collett, has been successful in its lawsuit brought against the City of Ottawa regarding a land use planning matter related to a new condominium development.

In this case, heard before the Ontario Superior Court of Justice, Justice Sally Gomery determined that the City of Ottawa failed to take reasonable steps to ensure that Charlesfort was aware of the potential risks associated with a high pressure water main in a municipal easement running alongside the property it proposed to develop when it applied for site-specific rezoning approval in 2004-2005.

It wasn’t until the site plan approval application phase in 2007 that Charlesfort learned about the water main. It was part of the critical infrastructure of the City and its location and condition could give rise to serious risks if construction of the condominium project proceeded as planned. Although Charlesfort was still able to build its proposed condominium tower with an underground garage, it incurred significant losses due to construction modifications and project delays.

The proceeding in connection with this matter included the following issues: (1)  the City’s duty of care to Charlesfort in the context of its application for site-specific rezoning of the proposed property; (2) if the City had a duty of care that included providing accurate and complete information about relevant municipal infrastructure; (3) whether Charlesfort relied on the City’s negligent misrepresentations; (4) whether Charlesfort’s reliance on the City’s representation was reasonable; and (5) did Charlesfort suffer damages as a result of the misrepresentation, and, if so, what were they?

Charlesfort Developments Ltd. was wholly successful in this proceeding and awarded nearly $4.5 million in damages and pre-judgment interest as a result of the City’s negligent misrepresentation.

Related Representative Matters

Representative Matters
Durham Region Reaches $6.2 Million Settlement Timothy J. Hill and Courtney Raphael Apr 25, 2018 The Region of Durham, represented by Aird & Berlis litigation lawyers Tim Hill and Courtney Raphael, successfully reached a settlement with the City of Oshawa regarding a 12-year legal battle arising from the amalgamation of Durham Region Transit services in 2006. As a result of the settlement, t...
Representative Matters
Supreme Court of Canada Rules in Favour of City of Windsor Christopher J. Williams and Courtney Raphael Dec 08, 2016 The Supreme Court of Canada today issued its decision in a dispute between the City of Windsor and the Canadian Transit Company (“CTC”). The case, argued on April 21, 2016, was an appeal relating to the jurisdiction of the Federal Court to decide matters involving the applicability of municipal b...
Representative Matters
First Capital Realty Inc. Completes Joint-Venture Acquisition of 101 Yorkville Avenue Hayden Solomons, Nili Goldman and Eileen P. K. Costello Sep 30, 2016 First Capital Realty Inc. (“First Capital”) completed the joint-venture acquisition of the property municipally known as 101 Yorkville Avenue on a 50-50 basis with a non-managing partner for an aggregate purchase price of approximately $29 million.