Winnipeg developer to ask Supreme Court to hear contention city stalled his development

CBC News

· Posted: Apr 23, 2025 6:00 AM EDT | Last Updated: 10 minutes ago

Developer Andrew Marquess plans to inquire the Supreme Court of Canada to perceive his contention that the City of Winnipeg slowed the advancement of a 1,900-unit residential improvement successful Fort Garry, lawyer Dave Hill said Tuesday.

Last week, the Manitoba Court of Appeal overturned a July 2023 Court of King's Bench determination that said two metropolis planners had engaged successful misfeasance by stalling the improvement of the Fulton Grove improvement connected the erstwhile Parker lands.

In the 2023 decision, King's Bench Justice Shauna McCarthy concluded that erstwhile main metropolis planner Braden Smith and elder planner Michael Robinson had engaged successful "bad religion and deliberate conduct" to stymie efforts by Marquess to make the 19-hectare parcel of onshore helium initially acquired from the metropolis successful a 2009 onshore swap.

McCarthy ordered the metropolis to wage Marquess $5 million. The City of Winnipeg appealed.

In a 99-page determination issued connected Thursday, a sheet of 3 entreaty court judges ruled McCarthy made "palpable and overriding errors" successful immoderate findings, arsenic good arsenic successful the inferences she drew from the grounds to find Smith and Robinson engaged successful unlawful and deliberate behaviour arsenic nationalist officers. 

"The grounds falls abbreviated of gathering the precocious barroom of proving that Smith and Robinson are liable for misfeasance successful nationalist office," Court of Appeal Justice James Edmond wrote connected behalf of the panel.

Marquess has 60 days to inquire the Supreme Court of Canada to see an entreaty of the Manitoba entreaty tribunal decision. Requests of this quality are required due to the fact that the Supreme Court lone chooses to perceive cases that settee matters of nationalist importance.