Colhoun vs RM Lumsden, COURT_Statement_of_Claim_re__R_M_.pdf February 2021

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- 7 - not justified, had the intention to cause harm to Norman and Laura, and/or its behavior was markedly inconsistent with the legislative context. Malfeasance of Public Office 30. Further, or in the alternative, at all material times, the R.M. engaged in deliberate and unlawful conduct that was likely to cause harm, and did in fact cause harm to Norman and Laura. Such conduct included, but was not limited to, the conduct outlined at Paragraphs 13 and 16 above. 31. As a result of the actions of the R.M., Norman and Laura have sustained damages including, but not limited to, the damages outlined at Paragraph 11 above, in an amount to be proven at trial. Vicarious Liability 32. Further, or in the alternative, the R.M. is vicariously liable for the actions of the development officer by virtue of Section 356 of the Municipalities Act, whom Norman and Laura submit denied them procedural fairness, acted in a negligent manner, and/or acted with malfeasance, as outlined at Paragraphs 22 and 27 above. 33. As a result of the actions of the R.M., or agent thereof, Norman and Laura have sustained damages including, but not limited to, the damages outlined at Paragraph 20 above, in an amount to be proven at trial. 34. Therefore, the Plaintiffs, Norman Colhoun and Laura Colhoun, claim from the Defendant, Rural Municipality of Lumsden No. 189, as follows: (a) (b) General damages in an amount to be determined at trial; Referral of the Subdivision Application back to the R.M. to be decided in accordance with the principles of natural justice;
- 8 - (c) (d) (e) Interest pursuant to The Pre-judgment Interest Act, SS 1984-85-86, c P-22.2; Costs of and incidental to the within action on a solicitor/client basis; and Such further and other relief as this Honourable Court may allow and counsel may advise. DATED at Swift Current, Saskatchewan, this _____ day of February, 2021. KANUKA THURINGER LLP Per: Solicitors for the Plaintiffs, Norman Colhoun and Laura Colhoun CONTACT INFORMATION AND ADDRESS FOR SERVICE KANUKA THURINGER LLP Barristers and Solicitors 302 - 350 Cheadle Street West Swift Current, Saskatchewan S9H 4G Address for Service: Same as above Telephone: (306) 773-4800 Fax: (306) 773-0040 Email address: rnagel@ktllp.ca Lawyer in Charge of File: 42033-0001 DM 2792500 v1 Ryan M. Nagel
Page 1 and 2: COURT FILE NUMBER Q.B.G. No. _____
Page 3 and 4: - 2 - 7. In or around 2015, Norman
Page 5 and 6: - 4 - 17. On the Hearing Date, the
Page 7: - 6 - 24. Norman and Laura also cla

Colhoun vs RM Lumsden, COURT_Statement_of_Claim_re__R_M_.pdf February 2021

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