The provincial superior court has sided with the City of Stratford on issues related to the expropriation of the former Cooper site, owned by Lawrence Ryan.
The decisions came down on Tuesday.
Ryan has accused the City of not proceeding “in a timely and good faith manner,” according to the judge’s position, as he is accruing daily interest on the outstanding mortgage on the site until a sale deal is made.
The city legally has until Sept. 15 to make an offer on the lands, under the terms of the current Expropriations Act.
As such, Ryan petitioned the court to take over the process and put a statutory timeline on the process.
The City of Stratford countered Ryan by claiming the court has no jurisdiction to do this; the court only has jurisdiction in determining if the expropriation process was done in bad faith or with illegality.
According to Justice Haines’ report, “the City has complied with the provisions to the Act, and has proceeded in a timely matter.”
Haines’ report also says there is “nothing to support such a finding (of bad faith in the city’s handling of the case).”
The city has said it will not make an offer on the land until it is surveyed for environmental issues. Stratford Mayor Dan Mathieson told the Gazette that there is currently nothing scheduled, but that “all aspects of the due diligence are underway.”
The Justice also decided that Ryan is responsible for the City’s legal fees pertaining to the case. Mathieson said that City lawyers are in the process of tabulating these expenses.