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Parker court awards $5 million to land developer – Winnipeg Free Press

A court order by the City of Winnipeg to pay a developer $5 million in damages should stand because the municipal government has stalled progress on a major development for years, the developer's lawyer argued in court Thursday.

In the second and final hearing of the city's appeal, attorney Kevin Toin said the financial award was justified, noting that his client had sought about $18 million in damages. Toin said the amount provided mainly reflects land costs during the five-year period the city delayed the project, which is guaranteed.

“(The $5 million) (judge) found is about a million dollars a year for every year of delay for five years,” he said in court.

AVAILABLE Fulton Grove is a residential development in Parker Lands by Gem Equities.

DELIVERED

Fulton Grove is a residential development at Parker Lands by Gem Equities.

The July 2023 ruling that sparked the appeal found two city officials — former chief planner Braden Smith and senior city planner Michael Robinson — liable for “malfeasance in public service.” They decided that housing construction was deliberately stopped.

Manitoba Court of Justice Shauna McCarthy also held the city government responsible for the delay.

“Public misconduct” refers to the willful neglect of public duties, knowing that “the misconduct may harm the plaintiffs,” the ruling states.

The lawsuit centers on a long-running allegation by Gem Equities owner Andrew Marquez that the city deliberately stalled development of Fulton Grove on the former Parker lands.