NOTICE OF DISCONTINUANCE OF ONTARIO SUPERIOR COURT OF JUSTICE COURT FILE NO. 16-1325-CP AGAINST HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO incorrectly named as HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, as represented by the MINISTER OF NATURAL RESOURCES AND FORESTRY FOR THE PROVINCE OF ONTARIO
OVERVIEW OF THE LAWSUIT
On September 14, 2016, Peter MacDonnell Burgess, as Representative Plaintiff, commenced an Action in the Ontario Superior Court of Justice against Her Majesty the Queen in right of Ontario (“MNR”) incorrectly named as Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Natural Resources and Forestry for the Province of Ontario. The action pertained to alleged issues arising from the management of water levels in Lake Joseph, Lake Muskoka and Lake Rosseau (the “Muskoka Lakes”) in the Spring of 2016.
The lawsuit was commenced as a proposed Class Action pursuant to the Class Proceedings Act, 1992, S.O. 1992, c. 6.
The proposed Class was defined as all individuals, corporations, partnerships or other legal entities that owned real property and/or had an ownership interest in real property situated on the shoreline of the Muskoka Lakes who suffered damages, as a result of high water levels, flooding and/or floating ice in March or April 2016.
DISCONTINUANCE OF THE LAWSUIT
Peter MacDonnell Burgess no longer wishes to pursue the Action against the MNR and on August 7, 2018, brought a motion for court approval to discontinue the Action. On the 7th day of August 2018, the Ontario Superior Court of Justice granted an Order approving the Discontinuance of the Action and will take effect on Thursday, November 8, 2018.
A discontinuance of the lawsuit means that it is not going forward or being pursued.
HOW DOES THIS AFFECT YOU?
YOU SHOULD TAKE NOTICE THAT THE limitation period, if there is any time left within it, for bringing a claim will recommence when the notice of discontinuance takes effect on Thursday, November 8, 2018.
TAKE NOTICE THAT THE limitation period will recommence on Thursday, November 8, 2018. Should you wish to pursue a claim against the MNR in relation to property damage suffered as a result of high water levels, flooding and/or floating ice in March or April 2016, you should seek legal advice immediately. If you wish to pursue a claim against the MNR in relation to high water levels in the Spring of 2016, you should issue a Notice of Action or Statement of Claim, if you have not already done so, before Thursday, November 8, 2018.
If you are/were relying on this action to protect your rights, you should seek your own legal advice immediately.
Date: August 7, 2018
Personal Injury Lawyers, LLP
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