Toronto Star

Donor sues city over controvers­ial cow

$4M lawsuit against Markham opposes plan to move sculpture

- TIM KELLY YORKREGION.COM

The donor of Charity, the cow-on-stilts sculpture, is suing the City of Markham for $3 million in property damages and $1 million in general damages.

The lawsuit, filed in Toronto by Romandale Farms Ltd. on March 21, is based on council’s decision last fall to move the controvers­ial sculpture from Charity Cres. to one of three alternate locations.

The July 2017 installati­on of the 7.6metre-high stainless steel sculpture enraged residents who live on the crescent.

But the decision to move it deeply upset Helen Roman-Barber, who claims ownership of Charity. She wasn’t interested in any talk of moving the sculpture to an alternate location in Cathedralt­own or elsewhere in Markham.

As the decision nears on when and where the sculpture will be relocated, Romandale took action to forestall the move with a lawsuit that essentiall­y offers the city three choices.

Romandale demands the city either: a) pay damages in the amount of $4 million; b) pay the full costs to remove Charity from its current location and return it to the owner (which BarberRoma­n maintains she still is, despite the city’s view that it owns the sculpture) or; c) leave Charity at its current location.

It is now known whether the city has filed a statement of defence, intends to defend itself, or what action it will take in response to the lawsuit. A request for comment was met with this response:

“A statement of claim has been filed against the City of Markham by Romandale Farms Limited. Any request for City of Markham records must be made through the City of Markham’s Freedom of Informatio­n (FOI) process. Alternativ­ely, a copy of the statement of claim can be requested through the Ontario Superior Court of Justice (Toronto Court office).”

 ?? RENÉ JOHNSTON /TORONTO STAR FILE PHOTO ?? The controvers­ial statue of Charity still sits on stilts in a Markham parkette, much to the dismay of local residents.
RENÉ JOHNSTON /TORONTO STAR FILE PHOTO The controvers­ial statue of Charity still sits on stilts in a Markham parkette, much to the dismay of local residents.

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