Scott Phelps & Mason
Milroy Tenants v. City of Saskatoon

Home
Who We Are
Publications
Law Links
How to Reach Us

Milroy tenants Settle appeal

The Appellant tenants have concluded an agreement with Viking Development Corp. that has resulted in secure tenure for long-term tenants in the Milroy and for several shorter term tenants who would have difficulty relocating to new accommodation. The appeal to the Court of Appeal has been discontinued effective May 7, 2008.

The Appellant tenants wish to thank the many people who supported their cause. As a result of the legal action taken by these tenants, we have reached a settlement that takes into account the current market for housing in Saskatoon and the need for secure accommodation for the existing Milroy tenants. The broader issue of availability of rental accommodation in Saskatoon remains unresolved, however, if the city continues to permit condominium conversions while vacancy rates remain at historic low levels.

Background

The tenants of the Milroy Building at 320 Fifth Avenue North Saskatoon brought an application to the Court of Queen's Bench on March 11, 2008, seeking judicial review of the decision by the City of Saskatoon to approve a Condominium Plan for the building.

The grounds for the application and relief sought are set out in the Notice of Motion filed February 14, 2008 in Q.B. 176/2008 , Judicial Centre of Saskatoon.

Barbara Henderson and Martin Been are appealing the decision of Madam Justice Dovell dated March 20, 2008. A copy of the Notice of Appeal dated April 8, 2008, which is being filed with the Court of Appeal, is available below.

The documents relating to this application that have been filed with the Court may be obtained in PDF format by clicking the links below:

1. Notice of Motion

2. Draft Order

3. Affidavit of Barbara Henderson

4. Affidavit of Prof. Ryan Walker

5. Affidavit of Janice Mann (filed by City of Saskatoon)

6. Affidavit of Tim Steuart (filed by City of Saskatoon)

7. Affidavit of Lloyd Hedeman (filed by Viking Developments)

8. Affidavit of Martin Been (submitted by Milroy Tenants)

Briefs:

9. Brief on behalf of Milroy Tenants (Andrew Mason)

10. Brief on behalf of City (William Davern)

11. Brief on behalf of Viking Developments (Douglas Hodson)

Queen's Bench Decision:

12. Reasons for Decision - Madam Justice M. Dovell, released March 20, 2008

Appeal to the Saskatchewan Court of Appeal

13. Notice of Appeal, April 8, 2008

This information is provided as a public service in light of the evident media interest. As solicitors for the Applicants, we cannot comment on the substance of the application until the matter has been concluded in the Court.

Andrew Mason
Solicitor for the Tenants of the Milroy Building



webmaster@dufourlaw.com

Home   |  Who We Are   |  Publications  |  Law Links  |  How to Reach Us

Copyright © 2008 Scott Phelps & Mason

Web design by Lexicon Graphics Inc.