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Judge sides with Indicom in Allandale appraisal lawsuit, with a caveat

‘I am inclined to accept that (the appraisal) came through the city in some manner’: judge
2018-09-20 Allandale Station 5 RB
Allandale Station at the Allandale Waterfront GO Station in Barrie. Raymond Bowe/BarrieToday

Editor's note: This story has been edited from a previous version to reflect more stipulations of the ruling.

Indicom Appraisal Associates has been awarded $11,765, less costs awarded in another Superior Court matter, in its small claims lawsuit against the City of Barrie.

According to the ruling sent out late Monday afternoon, Deputy Judge John Rose sided with Indicom that the City of Barrie did owe Indicom in regards to the litigation costs, but declined to award other costs.

At the heart of the lawsuit was a disagreement over who provided the Correct Group Inc. (CGI) with an appraisal document prepared by Indicom.

According to Indicom, the City of Barrie handed those documents over to CGI, breaching their contract with Indicom. The City of Barrie contends they didn’t hand over the documents.

“For the purposes of this analysis, I don’t believe it matters how CGI became aware of the appraisal although I am inclined to accept that it came through the city in some manner,” reads the decision.

The handing over of the appraisal report set off a Superior Court legal battle that has spanned nearly a decade between Correct Group Inc. and the City of Barrie with Indicom listed as co-defendants.

However, Deputy Judge John Rose agreed with the City of Barrie that they would be receiving costs through the Superior Court matter against Correct Group Inc. if Indicom were entitled to them, and declined to award Indicom costs in the Small Claims suit. The $11,765 awarded will be held by the court pending the Superior Court ruling.

For our previous story on the details of this lawsuit, click here.