The long and seemingly fruitful relationship between Brockville, Ont., and Tall Ships Landing Development, Inc. began in the mid-2000s, with the acquisition of waterfront land and the start of construction of what is now the Tall Ships Landing coastal resort.
Brockville residents walk along the water, shop and even live in this space while tourists can come and stay a night.
However, a recent souring of the relationship has seen it land in the Ontario court of appeal, where the two sides are fighting over money.
According to court documents, the city appealed a decision made by an arbitrator over a few issues, including whether or not Brockville should be on the hook for nearly $2 million in construction overage charges during the construction of a mixed-use condominium building.
Part of the development includes the Maritime Discovery Centre, which ended up being larger and more costly than allowed under the original $7.4 million estimated budget. The city refuses to pay for the overages.
There were also issues raised over brownfield tax credits, interest payments, and land remediation payments the developer said it was owed. In the Ontario court of appeal decision from December, the court ruled in favour of the city, saying the city is not responsible for the construction overages, the nearly $800,000 in tax credits, and will not have to reimburse taxes paid on unfinished condo units.
However, soon after the decision was handed down, Tall Ships Development Inc. filed an application for leave to appeal to the Supreme Court of Canada.
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Now, with another court case looming, all sides are silent on the matter.
A statement from the city read: “The city of Brockville has no comment regarding the application for leave made to appeal to the supreme court of Canada by Tall Ships Development Inc. on the court of appeal’s decision in favor of the city of Brockville released on December 13, 2022.”
A similar statement, saying that they would not be providing comment, was sent to Global News from the lawyers representing the developer. Although the City of Brockville came out on top in the lower courts, it remains to be seen which side will ultimately be vindicated if the case is heard by the Supreme Court of Canada.
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