While we have not yet seen the decision, SORE understands that a Justice of the Peace granted a stay of the Heritage Act charges laid by the Town for the outrageous clear-cutting of the back half of the Rand Estate just after the last municipal election in 2018.
The stay was granted on the basis that the charges were not heard by the court within a reasonable time after being laid.
Given that the courts were essentially closed due to Covid for much of the period, the rationale for this decision is difficult to understand.
If the decision stands, this means that the charges will not be heard on their merits. This is an unacceptable outcome for anyone who cares about the Rand Estate.
SORE notes that the decision was made by a Justice of the Peace and that the decision is appealable to a judge. Decisions of Justices of the Peace are not infrequently overturned by the courts. We strongly encourage and expect the Town to appeal the JP decision and we look forward to the matter being further considered by a judge.