Glace Bay landowner’s lawsuit dismissed
Judge describes man as often dismissive, hostile and contemptuous of advice and assistance
A Nova Scotia Supreme Court judge has found no basis for a Glace Bay landowner’s lawsuit, describing the man as often dismissive, hostile and contemptuous of advice and assistance as it relates to his ongoing property dispute.
In a decision released Monday, Justice D. Timothy Gabriel dismissed an action launched in Sydney by Stephen Gillard against area lawyer Frank Gillis and instead awarded costs to Gillis in the amount of $3,000.
According to the decision, Gillard’s claims against Gillis flow from circumstances surrounding the granting of a land deed in September 2010.
Gillard filed a lawsuit last March, claiming Gillis used a quit deed to sell a portion of Gillard’s Coldwell Street property to DARR Cape Breton Ltd., a federal Crown Corporation. In an amended statement of claim, Gillard requested an order of $500,000, plus his land returned, along with damages related to pain and suffering.
Gabriel noted in Monday’s decision that in 2014, Gillard brought an action against DARR Cape Breton Ltd. in relation to the land dispute but the matter was dismissed at the outset of a January 2017 trial at Gillard’s request. Less than two months later, Gillard filed a lawsuit against Gillis.
In a sworn affidavit, Gillis said he was first retained by one of Gillard’s neighbours who was concerned about a possible encroachment on land owned by DARR. After digging up the survey plan, Gillis said he met with four neighbours on the street, including Gillard, to discuss the possible implications.
According to Gillis, the plaintiff later declined to participate in the land transaction because he did not believe his property was the subject of an encroachment.
“On the basis of the evidence as presented, it appears to be common ground that Mr. Gillis was able to put together and broker a resolution between DARR and virtually all of Mr. Gillard’s affected neighbours,” Gabriel said in his judgement.
“This settlement appears to have resolved the alleged boundary overlap or encroachment issues between the parties, and culminated in the execution of a quit claim deed by DARR with respect to the affected lands. This was a resolution in which Mr. Gillard was invited to participate as well. However, he declined to do so.”
Gabriel said it is very difficult to identify a basis for the claim asserted against Gillis, who did not serve as Gillard’s lawyer. The court found that although Gillis served as lawyer in the transaction, he was not a party to the transaction and at no time owned the lands encompassed in the deed.
Gabriel added that various people, including lawyers, had attempted to assist Gillard in his plight over the years.
“He has been dismissive of, hostile to, and often contemptuous of the advice and assistance with which they have attempted to provide him,” said the judge.
“Any attempts to resolve his difficulties, which would have required him to do or pay anything were referred to as ‘ransom demands.’”
Gabriel said the legal expenses incurred by both DARR Cape Breton Ltd. and Gillis as a result of Gillard’s actions were not insignificant, noting that Gillard seemed either unable to understand, or unwilling to accept, the role that his intransigence played in creating and prolonging the ordeal.