WHITEWATER REGION — The small claims court action against the township by Garry Burns and John Cull has been dismissed by consent.
The small claims court action was for damages against Whitewater Region Township and its bylaw enforcement contractor relating to the enforcement of the township’s animal control bylaw, Councillor Regier said.
The township’s external legal counsel made an offer to settle to Mr. Cull and Mr. Burns to dismiss the claim at zero dollars on a without costs basis and without any admission of liability.
“Mr. Cull and Mr. Burns accepted the township’s offer on April 26,” Coun. Regier stated.
By August and September 2013, Mr. Cull and Mr. Burns had not yet purchased dog tags and were charged under the municipal bylaw for not doing so.
They decided to fight the charge and a 30-month court case ensued with delays by the defence, the prosecutor and the judicial system.
On March 2, 2016, the court case was to begin. However, before the court case could begin, Justice of the Peace Nancy Mitchell heard a motion under Section 11b of the Canadian Charter of Rights and Freedoms, which states a person charged with an offence has the right to be tried within a reasonable time. The defence requested the charges be stayed because the case was taking too long to go to trial.
After listening to paralegal Jeff Bogaerts and prosecutor Jessica Fuller, who was representing the Township of Whitewater Region, Justice of the Peace Mitchell ruled in favour of the Charter 11b application filed on behalf of Mr. Cull and Mr. Burns.
In the budget, it was reported the cost to the township at that time was just under $16,000 to defend the municipal bylaw.
