2. - Wednesday, April 19, 1989 - North Shore News

Judge rules that twin tower agreement is valid

From pags 1

The three: pertinent sections of
the Offer to Lease agreement in-
cluded partial surrender of a 30-
foot wide strip of !and adjacent to
the arterial roads bordering the
property, which Macintosh argued
would violate the prescribed floor
area ratio.

Justice Lander said there was in-
sufficient evidence before the court
to make a decision on the matter,
but argued that the matter did not

warrant consideration because
both parties agree that provisions
for the partial surrender can be
“‘severed’’ from the contract.

The judge was more persuaded
by the third argument that the
agreement obligates the
municipality to cause a subdivision
(for the two towers), even though
the approval cf a subdivision ap-
plication is the jurisdiction of the
local Approving Officer, and not
the municipality.

The offer tc lease states that
“the Landlor¢. at the Tenant’s
expense, shzii wause the Lands to
be subdivid-d in the manner
reasonably cequired by the Te-
nant...””

Justice |.ander saw no evidence
of counci! actually interfering with
the authority of the Approving
Officer (currently the district’s
directcr of operations Barry
Lambert) but thought that
muaicipality had entered into an

agreement that might improperly
influence am approving officer
“‘who is appointed and paid by the
municipality.””

‘«,..1 find that the provision
presents the implication of im-
propriety and should be severed,”’
Justice Lander added.

But being severable, Justice
Lander did not see the information
for the third argument as cause for
throwing out the offer to lease
agreement.

As such, Newcorp Properties,
which is currently seeking specific
performance of the lease, may sue
for damages in the future.

Council will consider Justice
LanJer’s judgment throughout the
week.

“I will be issuing a full state-
ment at next Monday's council
meeting,’’ Mayor Don Lanskail
stated Monday night, preceding
the Junior Council meeting that
evening.

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