
New Tecumseth's litigation update a mixed bag of lawsuits, tribunal appeals
Posted January 27, 2025
New Tecumseth remains a named defendant in the 2021 lawsuit stemming from the collision between a CP train and vehicle at the 5th Line crossing in Tottenham that killed two passengers, according to the annual litigation status update as of Dec. 31, 2024.
"Alleged deficiencies in the crossing/roadway .... four occupants (and families/estates) are pursuing claims against the Town (and others). In the most recent movement, a Motion Record has been put before the court by one of the plaintiffs requesting to add more defendants. Cumulatively the plaintiffs are seeking approximately $8M, plus interest and court costs. The Town has a $25,000 deductible." The driver was sentenced to three years in prison, and a lifetime driving ban.
Among the other lawsuits where the Town is the defendant includes a claim for $200,000 in a slip and fall in 2023 at John W Taylor and Riley Road, citing improper winter maintenance; A former fire fighter employee was termination for cause and an action brought by her against the Town. Settlement discussions have taken place and an offer has been made by the Town which has been approved by the solicitor for the former employee.
The work carried out on the Riverdale Park accessible trail is also in litigation. The contractor, "Forest Ridge did not complete the work in a timely fashion and also failed to correct deficiencies which included stress cracks in the lighting poles, installation of the wrong wiring and site landscaping deficiencies. In spite of extensions to the contract, completion was never achieved by Forest Ridge with the result that the Town undertook the necessary work. Forest Ridge then made a claim for the balance outstanding on the contract in the amount of $114,181.49. The Town has defended this claim and that matter will be proceeding to Examinations for Discovery in the New Year."
The Town has current prosecutions regarding violations in the following areas: fire code violations; more than five dogs; dogs at large and failure to licence. Of particular concern are the canine matters related to those declared as dangerous. We have repeat offenders who regularly fail to renew their dangerous dog licences and permit their animals to run at large without proper muzzles. For these matters, we will be pursuing charges under the Dog Owner’s Liability Act for Compliance Orders requiring them to take a more effective control of their dogs for public safety.
The Town also has a large fire code matter in relation to a fatality that took place on February 9, 2024 at 1440 Tottenham Road. The Town has laid several charges relating to the incident and the matter is now working its way through the Court system."
The management of all ongoing non-insurance litigation matters is undertaken collaboratively between the Town Solicitor and staff. .....in regard to insurance matters, the Town is responsible for a deductible in the range of $10,000 to $50,000, dependent on the type of claim.
Click link to read the full report https://tinyurl.com/2s3mkesp