Abuse of legal process?

[myata]

The story has been broadcasted in Ottawa (Resident sued).

Highlights of the story: local residents who raised objections to parole office being moved to their community (and across from public school), are being sued by property owner for lost revenue ($4 mln), after government has decided to relocate the office.

From the appearance, it has all the signs of gross abuse of legal process by the claimant, with possible purpose to chill any public objections to questionnable decisions, by government and private interests, in the future.

My take on it is that the court would never allow it. And I'd suggest, if and then the suit is thrown out, to ask for a reasonable punitive sanction (i.e heavy fine) on the claimant, to demonstrate very clearly that this sort of abuse of legal process won't be tolerated.

I'm also expecting that residents versed in law would contribute their efforts to this case.

[tango]

The location of the Elgin St. office contradicts Corrections Canada's own written guidelines that stipulates a parole office can't be within 300 metres of schools, parks and residential neighbourhoods.

Looks like they won't have much of a case.

I wonder too whether there is any requirement of consulting with the public.

This duty to consult is in court on another 'neighbourhood' issue ... mining ... and the public's right to have input into a variety of land uses may just become the issue of the future. I hope this case doesn't go anywhere, because it could get really messy if we can't object to development in our neighbourhoods for fear of being sued by businesses!

http://www.miningwatch.ca/index.php?/imper..._hear_red_chris

A long battle over the public’s right to be consulted on large mines and other industrial projects is now heading to the Supreme Court of Canada. The Supreme Court decided today to allow MiningWatch Canada to appeal a decision of the Federal Court of Appeal.

Edited April 10, 2009 by tango

[myata]

Yes, godspeed to them, and I sincerely hope that the courts would slam them with a heavy punitive fine (on top of all the legal fees) to cut this practice in the bud. It really is the bad old throwing their weight around, if by another name.

[Molly]

LOL I've often thought that should I ever be found to be Bill Gates' love child, I would establish a foundation with the sole task of countersuing the butts off of folks who sue others frivolously or unjustly, in order to recoup the harm those lawsuits do to the rest of us innocent bystanders.

This one is a classic.