At the Coordinated Committee Meeting on July 18, 2019, part of the lengthy agenda involved discussions around a presumed “restrictive covenant” imposed in a 2003 subdivision agreement for the Marlwood development.
Two legal opinions were mentioned and both of those opinions determined the alleged “restrictive covenant” wording would not meet the legal tests for a statement to be considered a formal “restrictive covenant”, no matter what the original intention was in 2003. (Attachments were provided with the Coordinated Committee Agenda - item 6.5.7, and are still currently available for review for those interested).
On a vote of 5-2 (Belanger & Kinney opposed) the Council approved that Staff should recommend to the developer that they should seek a superior court opinion on this “restrictive covenant”.
In light of this decision by Council, Wasaga Beach Ratepayers Association will be watching this with interest since the cost to taxpayers could be excessive should the courts decide costs are recoverable from the Town in the case of a favourable decision for the developer.