Lansdowne foes chilled by city legal move

An Ottawa citizens group suing the city over plans to redevelop Lansdowne Park says it's being intimidated and may have to give up the fight.

Friends of Lansdowne Park and two private citizens launched lawsuits against the City of Ottawa in September, claiming the city acted illegally when it approved a sole-sourced contract worth $300 million with the Ottawa Sports and Entertainment Group to redevelop the park.

The city voted in June to form a public-private partnership withthe business group,which will oversee renovations of Frank Clair Stadium aimed at attracting a Canadian Football League team and build a mix of condominium and retail space in the rest of the park.

Normally, the city would not seek cost awards from a citizens group making a legal challenge, but an Ottawa lawyer has left that option open.

In a document filed last week, lawyer Peter Doody said the city would wait until a potential legal case has finished before deciding whether to sue for costs.

The citizens group calls this an example of "litigation chill," aimed at striking down the legal challenge filed in the Ontario Superior Court.

"This is really a major financial threat to any public interest groups that may want to take action against the city," said Michael Tiger, who speaks for Friends of Lansdowne.

The City of Ottawa's official policy on seeking costs says the legal option will not be pursued against citizens unless the case is "frivolous, vexatious, in bad faith or an abuse of process."

Financial risk is high: Tiger

Tiger said the financial risk of losing the case is great enough that Friends of Lansdowne may have to reconsider its position.

Doug Ward, one of two individuals suing the city over the controversial development, said the risk may force him out, too.

"I'll probably have to bail if we don't have some security that both the city and the developers won't go for costs," Ward said.

Neither Doody nor the lawyer for Ottawa Sports and Entertainment Group the organization overseeing the redevelopment would comment.

Mayor Jim Watson also declined to comment on the legal development.