By Bill Jackson
Regional News
At least two
Mark Watson and Bo Chause plan to speak as a delegation at an upcoming council in committee meeting in Cayuga and plead their case.
"I want my taxes reduced and my penalties for withholding my taxes removed to reflect the decline in services, property value and enjoyment of property" said March Watson in his recent claim filed with the Superior Court of Justice, against
Watson, of
Noise violations go unchecked. Watson's lost the enjoyment of his property and cited "smoke filled days and nights, noise, police cruiser traffic, stolen property" and multiple disruptions by revving vehicles and flashing lights. Marginalization by police and politicians has further victimized the effect on families and mental health, Watson stated.
However a judgment ruled that the court had no jurisdiction in the matter.
"The plaintiff has expressed his concern about possible repercussions as a result of his claim and position," wrote Justice FC Rous in the settlement form. "While this court has no control over what happens outside its jurisdiction there is no doubt that Mr. Watson was fully entitled to try to pursue the matter on the basis of legitimately held beliefs and concerns…
"It is simply that this court has no jurisdiction to grant the relief requested," Rous said in the judgment.
Court information filed by the defendant's solicitor, Katharine Book of Sullivan and Mahoney LLP, presented numerous cases where people have taken action against municipalities for not enforcing bylaws. In the decisions presented to the court, the enforcement of bylaws was deemed discretionary in nature.
"The power to enforce a bylaw is discretionary," argued Book.
In one case, Lester v. Smith (1990), the defendant installed a skeet shooting facility on his property in contravention of a bylaw. The plaintiff requested that the municipality enforce the bylaw, but a judgment upheld the defendant's motion for dismissal, citing that 'A court has no right interfere with a municipal council's exercise of discretion in not enforcing a by-law unless he by-law was discriminatory. Accordingly, the plaintiff's claim against the municipality was dismissed."
Similarly, case in the British Columbia Supreme Court back in 1989 involved a helicopter company clearly operating in contravention of zoning bylaws. It had reapplied for zoning after moving a landing area.
In the meantime, petitioners tried to restrain the respondent from using the property in a manner not conforming with zoning's permitted uses, but he petition was denied because the duty on the district to enforce the by-law was discretionary.
"A council has a discretion of persecuting some residents and not others for breaches of bylaws and such policy is not discriminatory…." Citied Book from a case in 1980 when Toronto City Council made a concerted effort to enforce bylaws in south Parkdale when the illegal use of lands had drawn "public scrutiny."
Watson said he walked away dumfounded after he reached a settlement to withdraw his claim in court.
"so they're not obligated to anything about anything," he tells The Regional News.
Watson believes that council is morally obligated to refund his late penalty on arrears that totals about $400.
He notified the county in writing about his intentions to withhold tax payments. Approximately 30 to 35 others also withheld payments, he said.