Developer in Parker Lands saga wants Supreme Court to decide whether city staff delayed project
A developer is asking the Supreme Court of Canada to cast a final decision on whether the City of Winnipeg should pay $5 million in damages over a finding its staff delayed a major housing project.
In April, the Manitoba Court of Appeal overturned an order that the city pay the penalty due to a 2023 ruling that found two city employees deliberately stalled the Fulton Grove development.
On Monday, an application filed in court on developer Gem Equities' behalf asked for permission to appeal the matter to the Supreme Court.
FULTONGROVE.CA
Gem Equities proposed residential development on the Parker lands called The Fulton Grove project sought to create about 1,900 housing units on 47 acres of south Winnipeg land.
'The applicants ask that leave to appeal be granted with costs,' the document states.
The developer is seeking a new ruling to ensure damages and legal costs are paid.
It's expected to take months for the court to decide if it will consider the matter or not.
The original July 2023 judgment that sparked the municipal government's appeal found two city employees liable for 'misfeasance in public office.' In April 2025, the appeal judge rejected that conclusion and found the city should no longer be held 'vicariously liable' for the delay.
The 2023 ruling noted that 'misfeasance in public office' reflects a finding of deliberately disregarding public duties with knowledge 'misconduct was likely to harm the plaintiffs.'
In the latest legal document, the developer's lawyer argues determining where misfeasance applies is a matter of national importance.
'The tort of misfeasance in public office is founded on the fundamental rule of law principle that those who hold public office and exercise public functions are subject to the law and must not abuse their powers to the detriment of the ordinary citizen,' it states.
The Fulton Grove project aims to create about 1,900 housing units on 47 acres of south Winnipeg land surrounded by the CN Railway Rivers line and the southwest rapid transitway.
In a brief statement, a city spokesman said the municipal government is aware of the Supreme Court request.
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'We are preparing our response to the application through the court. As such, we have no further comment to provide at this time,' wrote David Driedger.
Mayor Scott Gillingham declined comment, stating he was still reviewing the application.
Kevin Toyne, the developer's lawyer, also declined comment.
joyanne.pursaga@freepress.mb.ca
X: @joyanne_pursaga
Joyanne PursagaReporter
Joyanne is city hall reporter for the Winnipeg Free Press. A reporter since 2004, she began covering politics exclusively in 2012, writing on city hall and the Manitoba Legislature for the Winnipeg Sun before joining the Free Press in early 2020. Read more about Joyanne.
Every piece of reporting Joyanne produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
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Developer in Parker Lands saga wants Supreme Court to decide whether city staff delayed project
A developer is asking the Supreme Court of Canada to cast a final decision on whether the City of Winnipeg should pay $5 million in damages over a finding its staff delayed a major housing project. In April, the Manitoba Court of Appeal overturned an order that the city pay the penalty due to a 2023 ruling that found two city employees deliberately stalled the Fulton Grove development. On Monday, an application filed in court on developer Gem Equities' behalf asked for permission to appeal the matter to the Supreme Court. Gem Equities proposed residential development on the Parker lands called The Fulton Grove project sought to create about 1,900 housing units on 47 acres of south Winnipeg land. 'The applicants ask that leave to appeal be granted with costs,' the document states. The developer is seeking a new ruling to ensure damages and legal costs are paid. It's expected to take months for the court to decide if it will consider the matter or not. The original July 2023 judgment that sparked the municipal government's appeal found two city employees liable for 'misfeasance in public office.' In April 2025, the appeal judge rejected that conclusion and found the city should no longer be held 'vicariously liable' for the delay. The 2023 ruling noted that 'misfeasance in public office' reflects a finding of deliberately disregarding public duties with knowledge 'misconduct was likely to harm the plaintiffs.' In the latest legal document, the developer's lawyer argues determining where misfeasance applies is a matter of national importance. 'The tort of misfeasance in public office is founded on the fundamental rule of law principle that those who hold public office and exercise public functions are subject to the law and must not abuse their powers to the detriment of the ordinary citizen,' it states. The Fulton Grove project aims to create about 1,900 housing units on 47 acres of south Winnipeg land surrounded by the CN Railway Rivers line and the southwest rapid transitway. In a brief statement, a city spokesman said the municipal government is aware of the Supreme Court request. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. 'We are preparing our response to the application through the court. As such, we have no further comment to provide at this time,' wrote David Driedger. Mayor Scott Gillingham declined comment, stating he was still reviewing the application. Kevin Toyne, the developer's lawyer, also declined comment. X: @joyanne_pursaga Joyanne PursagaReporter Joyanne is city hall reporter for the Winnipeg Free Press. A reporter since 2004, she began covering politics exclusively in 2012, writing on city hall and the Manitoba Legislature for the Winnipeg Sun before joining the Free Press in early 2020. Read more about Joyanne. Every piece of reporting Joyanne produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
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