Legal Proceedings

Court Cases - Legal Proceedings

The RM of Wilton has been involved in numerous court cases with the Lone Rock Organized Hamlet Board and Lone Rock ratepayers. In all instances, the Lone Rock OHB and ratepayers have not achieved any legal success. The following cases reflect this pattern, with costs consistently awarded against Lone Rock and its representatives. As of now, there are no active court cases involving Lone Rock.

Cases can be found at: https://www.canlii.org/en/

QBG 301-2018 Melissa Heney, Janis Lavoie & Hamlet of Lone Rock

(Blaine, Ludwig, Woods, Heney) VS RM of Wilton

No Costs awarded

The Court dismissed a judicial review application, finding that preliminary municipal actions, absent formal decisions, are not amenable to judicial review. Only one applicant had standing, and the absence of a formal record further hindered the claim. Mediation under statutory processes was deemed the appropriate remedy.

QBG 228 2019 Wilton VS Tracy Kashuba, Lone Rock OHB (Woods, Ludwig, Heney, Blaine)

QBG 239-2019 Terence Kashuba & Lloyd Ludwig VS Wilton

LM 20-16 Terrence & Tracy Kashuba VS RM of Wilton & Taxervice Inc.

Court of Appeals CACV 3926 Tracy and Terence Kashuba VS RM of Wilton

Costs – Terence & Tracy Kashuba to pay Wilton $500.00

The Court denied leave to appeal a decision striking or staying parts of a civil claim against a municipality. The plaintiffs failed to meet procedural requirements, establish arguable grounds for appeal, or demonstrate sufficient importance to justify appellate review.

QBG 43-2022 Terry Kashuba (O/A OHB) VS RM of Wilton

Costs – Lone Rock to pay Wilton $5000

The Court struck an application by an organized hamlet seeking judicial review of a municipal resolution, finding it lacked standing and had an adequate alternative remedy under statutory dispute resolution provisions. Costs of $5,000 were awarded against the hamlet for pursuing a procedurally improper application.