A developer alleging the Town of Winnipeg Beach stalled his 44-lot residential subdivision west of Highway 9 will be going to court in November after a judge set a preliminary trial date.
Vince Dery said his Lakewood Estates residential development at the junction of Lake Avenue and Strollway Street had been approved by council in early 2019 but was delayed over the course of about four and a half years.
Dery, who operates Arnes-based VRD Property Developments Inc., told the Express last year that he had been left with no option but to pursue legal action against the town in an attempt to recover what amounts to significant financial losses related to the lots, his expenses and lost income, as well as suffering damage to his reputation. Dery had filed a statement of claim in Manitoba Court of King’s Bench in 2023.
“It went before the presiding judge last month (July 2024) and it got fast-tracked for court this November,” said Dery last week.
A preliminary trial has been set for Nov. 29.
Dery had said last year that some of the delay stemmed from a high turnover of chief administrative officers. He worked with eight different CAOs on his development. There was also an alleged lack of experience by town staff and council on how to do the development. A contractor that had been chosen by the town wanted substantially more money to build a road than the contractors Dery had obtained quotes from and who were asking for far less for the exact same work. The town had also asked Dery for different letters of credit; when the subdivision had been approved in 2019, the letter of credit was set at $10,000, but at one point the town had increased it to $1 million before bumping it down to $623,385 in 2022.
Dery retained the services of Winnipeg-based lawyer Dave Hill of Hill Sokalski Walsh LLP.
The legal process started with Dery sending a letter of intent to the town, stating what had happened and what the town was being accused of before moving forward with Dery issuing a statement of claim. The town responded with a statement of defence. Dery then had to provide the town with an affidavit of documents, which he said is “just shy of 3,500 pages” and represents conversations and other information between him and the town and the eight different CAOs over the five or so years. The town also presented Dery with its affidavit of documents.
“What happens is a judge looks at both sets of documents and determines if the case is a waste of time or if it should go to court. And it was decided that we’re going to court in November. This is very good for us,” said Dery. “I will now have to be interviewed by the town’s lawyer in a process called discovery that will give them an idea of the costs involved. I look forward to this interview because I know these matters better than anyone.”
The Express contacted the Town of Winnipeg Beach’s CAO and mayor for comment.
Mayor Pam Jackson said the town is unable to comment as the matter is before the courts.
“Given that this matter is before the courts, the town will continue to not comment on the claim, except to confirm that this matter is set to proceed with a pre-trial conference before a judge of the Court of King’s Bench in November 2024,” said Jackson.
The Express also reached out to the town’s former mayor but did not hear back.
