FOR IMMEDIATE RELEASE
Deal Reached Between City and Interveners on Permanent Expressway Injunction
Hamilton , ON – February 11, 2004 – After months of negotiation between the City of Hamilton and six interveners opposed to the construction of the Red Hill Creek Expressway, a deal has finally been reached. The agreement calls for the City of Hamilton to cease their pursuit of legal costs against the six interveners for $123,000. In exchange, the City of Hamilton is granted a permanent injunction.
“This is good news for the future of this Project. Resolution of this legal issue will advance the completion of the Project in a timely manner and avoid those costly delays that unfairly burden taxpayers,” said Mayor Larry Di Ianni.
On August 5, 2003 City contractors were denied access to the Greenhill construction site by opponents to the Project. In response, the City sought an interim injunction on August 15 to prohibit protestors from interfering with construction at Greenhill and any other construction site along the Valley. This interim injunction was obtained on consent. The opponents agreed to stop their occupation of the Greenhill construction site and the City agr
FOR IMMEDIATE RELEASE
Deal reached between city and interveners on permanent expressway injunction
Hamilton , ON – February 11, 2004 – After months of negotiation between the City of Hamilton and six interveners opposed to the construction of the Red Hill Creek Expressway, a deal has finally been reached. The agreement calls for the City of Hamilton to cease their pursuit of legal costs against the six interveners for $123,000. In exchange, the City of Hamilton is granted a permanent injunction.
“This is good news for the future of this Project. Resolution of this legal issue will advance the completion of the Project in a timely manner and avoid those costly delays that unfairly burden taxpayers,” said Mayor Larry Di Ianni.
On August 5, 2003 City contractors were denied access to the Greenhill construction site by opponents to the Project. In response, the City sought an interim injunction on August 15 to prohibit protestors from interfering with construction at Greenhill and any other construction site along the Valley. This interim injunction was obtained on consent. The opponents agreed to stop their occupation of the Greenhill construction site and the City agreed to halt construction at that location until the Court ruled on an interlocutory injunction that would be effective until trial.
A deadline was set for August 19 to allow interested parties to put their names forward to intervene in the hearing and six individuals did so. The Ontario Superior Court of Justice heard the City’s request for an interlocutory injunction on September 5 and 8 and the six interveners opposed that request. The Court granted the interlocutory injunction on September 12. The interlocutory injunction would have remained in effect until trial. This agreement makes the injunction permanent and eliminates the need for a trial and the additional legal costs related to such a trial.
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Media Contact:
Philip Homerski
Media Relations Coordinator
Office of the Mayor
T: 905 546-2074
C: 905 977-8824
eed to halt construction at that location until the Court ruled on an interlocutory injunction that would be effective until trial.
A deadline was set for August 19 to allow interested parties to put their names forward to intervene in the hearing and six individuals did so. The Ontario Superior Court of Justice heard the City’s request for an interlocutory injunction on September 5 and 8 and the six interveners opposed that request. The Court granted the interlocutory injunction on September 12. The interlocutory injunction would have remained in effect until trial. This agreement makes the injunction permanent and eliminates the need for a trial and the additional legal costs related to such a trial.
- 30 -
Media Contact:
Philip Homerski
Media Relations Coordinator
Office of the Mayor
T: 905 546-2074
C: 905 977-8824