Posted Dec 16, 2025, 9:35 AM
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Join Date: Aug 2002
Location: Winnipeg, Manitoba
Posts: 6,421
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Quote:
Parker lands developer ordered to pay $800K in court costs after losing appeal
Developer still waiting to hear if Supreme Court of Canada will consider case
Bartley Kives · CBC News · Posted: Dec 15, 2025
An artist's conception of the Fulton Grove development slated to rise at the Parker lands. A court has ordered developer Andrew Marquess to pay $800,000 in court costs after the Manitoba Court of Appeal overturned his lawsuit against two city planning officials. (Gem Equities)
A Manitoba judge has ordered Winnipeg developer Andrew Marquess to cover $800,000 of the City of Winnipeg’s legal costs in its defence against his claims that planning officials deliberately slowed the progress of residential housing planned for the Parker lands in Fort Garry.
In April, Manitoba’s Court of Appeal overturned a 2023 King’s Bench decision that found former Winnipeg chief city planner Braden Smith and senior planner Michael Robinson took actions that stymied efforts by Marquess to develop 19 hectares of land into a residential development called Fulton Grove.
In the 2023 decision, Justice Shauna McCarthy awarded Marquess $5 million in damages due to “several instances of bad faith and deliberate conduct” on behalf of Smith and Robinson.
Court of Appeal Justice James G. Edmond overturned that decision and awarded costs to the city.
The city then sought $2 million worth of costs, noting five legal teams worked on the defence of Smith, Robinson and two other employees originally named in the lawsuit.
In a decision about those costs, issued on Friday, McCarthy concluded it was not appropriate to award costs based on the work of five separate legal teams. She did not see fit to pass on the duplication of work to the plaintiff in this case.
“There were five teams of counsel involved, who each separately incurred the cost of reviewing all disclosure, attending at examinations, pre-trial conferences and motions, and preparing for and attending at several weeks of trial,” McCarthy stated.
“Also, different counsel will always have different approaches and will ask additional questions and raise additional issues as a result.”
Kevin Toyne, a lawyer for Marquess, said Justice McCarthy’s conclusions “about the city’s reliance on multiple sets of external counsel will ultimately result in considerable savings for Winnipeg’s taxpayers.”
Toyne also said the $800,000 cost award is a victory for his client because the city sought $2 million in costs.
Marquess has asked the Supreme Court of Canada to grant leave to appeal of the Manitoba Court of Appeal decision. The nation’s top court has not indicated whether it will hear his case.
Justice McCarthy declined a Marquess request to hold off on paying court costs until the Supreme Court hears his appeal or declines to do so. McCarthy ordered him to pay the city within 45 days.
Toyne said if the Supreme Court of Canada grants leave to appeal, Marquess will continue to pursue the $5 million in damages awarded by Justice McCarthy, Toyne said.
The City of Winnipeg is reviewing Justice McCarthy’s decision about costs and is “considering next steps,” acting communications manager Julie Dooley said in a statement.
Winnipeg Mayor Scott Gillingham said in a statement he is more concerned with the completion of the development.
“My focus right now is getting housing built at Fulton Grove,” Gillingham said in a statement. “The city has done its part with the required approvals, and we’re ready to work with the developer to move this project forward.”
Toyne expressed a similar sentiment.
“The Parker Lands development has always been an important part of the solution to Winnipeg’s housing shortage,” he said.
“Mr. Marquess and his team have continued to pursue this important project for the benefit of all Winnipeggers while the courts have analyzed the conduct of the defendants.”
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