Justice Hackland said that, although his legal specialty is commercial law, he finds the Lansdowne Park Partnership so complex that, at the end of the day, he does not believe that he has the training to make a business judgment on the Lansdowne Park issue. The term that he used was the "judiciability" of the issues.
He said that he has two options in his power: one is to order a full trial and the other is to have accounting assistance.
To order a new trial will take time and be costly. The cost may not be onerous to the OSEG partners but the time required will be. However, it would not be an impossible task: the Friends will keep on raising money, the City will budget more money for their case, and CFL may have to wait a bit more. In fact, the City could start fixing up the south side of the municipal stadium right away for the Women's FIFA games coming up soon. The same goes for pro soccer. There is nothing preventing the city from doing that. It's City property and they are to put up the money to fix it up one way or the other.
A new trial would involve subpoenas, witnesses, experts, and cross-examinations. The whole shebang.
The Court could also appoint an accountant or ask for an independant forensic and investigative accounting review.The Friends of Lansdowne already have such a review as their evidence so it would be a matter of comparing one with the other.
http://www.letsgetitright.ca/legal/298-b...ates-review-lansdowne-park-business-plan
Public-private partnerships were created some 10-15 years ago to help governments, provincial or municipal, out of their financial difficulties. The idea was for private business to invest capital and expertise in return for a profitable return on their investments during a certain period of time.
What is really happening now is that it's the public sector that is putting up the capital and the private sector reaping the profits for little real investments. The sweetheart deal between the City of Quebec and Sun-Media mogul Pierre Karl Peladeau of Quebecor was such that the Charest Quebec government put everything on hold til September 2011. A civil suit similar to the Lansdowne one that's presently being heard has been filed by a former provincial minister and city manager of Quebec City against his own City. I have written a pretty long article about this.
http://khoole-khoole.blogspot.com/
Mr. Doody, the lawyer representing the City said that he does not want any delays. (OSEG does not have party status, just intervenor status). It appears that Justice Hackland has other ideas. The financial details of the LPP deal are so convoluted and all balled up in knots that he, as a specialist in commercial law, is having trouble unravelling the mess.
The saga will resume at 10AM Monday June 27 2011 Court House Room 37