Court Of Appeal Orders Costs To The City Of Windsor


The Ontario Court of Appeal has dismissed an appeal by a west end property owner and landlord involving a fire at a rental property in the west end.

Following a series of court rulings and challenges, the appeal court ruled Hilary Payne, a Windsor city councillor,  has to pay costs totalling $500,000 to the city, Windsor Fire, Windsor police and the Ontario Fire Marshall.

It all stems from a 2006 fire at a home on Mill St. which critically injured a tenant.

Payne owned the property and was charged with arson by negligence which was ultimately dismissed during a preliminary inquiry.

He then sued the city, fire, police and the OFM alleging negligent investigation and malicious prosecution.

The judge dismissed the lawsuit and awarded costs to the defendants.

Payne sought leave to appeal the judge's costs awards but the appeal court dismissed that as well.