$5M awarded to developer after court ruling finds city planners purposely stalled major development

A judge has awarded a developer $5 million, ruling two City of Winnipeg planners purposely stalled a major development at the behest of the area city councillor.

Andrew Marquess of Gem Equities sued the city alleging years of delays, starting in 2013, over the Fulton Grove development plan in the Parker Lands.

In a 92-page decision, Justice Shauna McCarthy concluded two city planning officials, Michael Robinson and Braden Smith, as well as the city, are liable for misfeasance in public office.

“I find there were several instances of bad faith and deliberate conduct which were intended to slow or frustrate the plaintiffs’ applications and that the individuals involved were aware that their conduct was unlawful and likely to cause harm to the plaintiffs,” wrote McCarthy

Marquess is pleased with the decision.

"I feel vindication, it's been a long, long arduous road," said Marquess.

His lawyer Dave Hill echoed that sentiment, saying for his client, this is vindication.

"For some reason unbeknown to us, some people seem to be out to get him," said Hill/

The ruling goes on to say River Heights Councillor John Orlikow was pushing the city planners to slow the project, adding the motivation to interfere in the applications, "Were primarily the wishes and demands of the area councillor, and the desire of some public servants to accommodate those wishes,” wrote McCarthy.

"It's really a question you'd have to ask Councillor Orlikow and the planners,” said Marquess. “Why would they do this, because they were clearly outside the bounds of normal planning principles."

Orlikow was not named as a defendant. He declined comment saying he is reviewing the decision.

Braden Smith no longer works for the city. CTV News was unable to reach him.

Michael Robinson is still with the city.

The court ruling says the defendants argued the development process was lengthy and complex because of the nature of the project and surrounding areas, and a lack of resources within the city's public service.

Winnipeg chief administrative officer Michael Jack says the ruling is disappointing.

"Put in what we thought were a strong case and obviously expected something different than what the court rendered," said Jack. He said it is too soon to say whether or not there will be an appeal.

Winnipeg Mayor Scott Gillingham’s office sent a statement to CTV News, saying the city is reviewing the decision and waiting for recommendations from the public service on potential next steps.