River City Vineyard has reduced it's settlement offer again regarding court costs for the appeal involving the church’s homeless shelter.
The church's lawyer has sent a letter to legal counsel representing the City of Sarnia, reducing their settlement offer to $125,000 all inclusive, to cover the legal fees.
On July 3, the Ontario Court of Appeal ruled in favour of River City, overturning a lower court decision that had closed Harbour Inn Mission as of June 15 of last year.
The court of appeal ruled the church’s Mitton St. homeless shelter falls within the meaning of “church sponsored community activities and projects” and therefore does not contravene the city’s zoning bylaw.
River City has given Sarnia Council until Friday at 11:59pm to agree to its new offer.
"We think that this is very significant. From a common sense perspective, River City is asking for a number that is more than $40,000 less than the municipality’s own costs, which we think the council will see as reasonable," says River City's counsel in a letter to the city's lawyer. "We hope that this is something that you can recommend to your client."
River City initially reduced it's cost claim from $163,000 to $148,000 earlier this week. Sarnia’s acting city solicitor has recommended that council reject that offer during a special meeting Friday morning.
If city council rejects the new offer, which is $23,000 less than their first settlement reduction, each party will have to submit costs with the court deciding what amount, if any, is to be awarded to the winning party.
The submission deadline on the court costs is July 23 and the city has until September 30 to decide if it will pursue the case further to the Supreme Court of Canada.
- With files from Dave Dentinger
