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THE CORP ORATION OF THE T(}I N OF NEW CASTLE
BY-LAW 90-135
being a by-law to give an undertaking as to damages
WHEREAS at its meeting on July 16, 1990, Council adopted Recommendation #GP A-
555-90 with certain amendments including the following:
6 THAT the Chief Administrative Officer be authorized to instruct the
TQwn's Solicitor to take whatever legal action he considers necessary in
respect of the proposed rock concert and other events proposed to be held
at Mosport Park on August 3, 4, 5 and 6, 1990, in order to protect the Town's
interest;
WHEREAS the Chief Administrative Officer has advised Council that pursuant to the
aforesaid resolution of Council, he is considering instructing the Town's Solicitor to
bring a motion for an injunction against certain respondents who include Truly Amazing
Productions and Mosport Park limited;
WHEREAS the Town's Solicitor has advised Council that the Rules of Civil Procedure
require that on a motion for an interlocutory injunction, the moving party shall, unless the
court orders otherwise, undertake to abide by any order concerning damages that the court
may make if it ultimately appears that the granting of the order has caused damage to the.
responding party for which the moving party ought to compensate the responding party:
THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE hereby
enacts as follows:
1. THAT in the event that a motion is brought by the Town of Newcastle pursuant to
the aforesaid resolution of the Council passed at its meeting on July 16, 1990 in
which an interlocutory injunction is sought, the Town of Newcastle, unless the court
orders otherwise, hereby undertakes to abide by any order concerning damages that
the court may make if it ultimately appears that the granting of the order has caused
damage to the responding party (parties) of which the Town of Newcastle ought to
compensate the responding party (parties).
2. THAT the Mayor and Oerk are hereby authorized to execute any document
necessary to give effect to paragraph 1 hereof on behalf of the Town of Newcastle.
By-law read a first and second time this 23rd day of July 1990
By-law read a third time and finally passed this 23rd day of July 1990
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