Humber Valley Resort lawyer says suit possible if fees not paid
The lawyer representing Humber Valley Resort says a homeowner who refuses to pay resort and water fees could be looking at a possible lawsuit.
Homeowner Tim Buckle says he won't pay the fees requested by the resort, because the private company can increase fees at any time without warning. The fees cover things like water installation, garbage collection and security services.
Buckle refused to sign three contracts for fees presented by the resort's owner when he purchased the home in 2011, on a recommendation from his lawyer. The annual resort fee presented was $8,000
But Graham Watton, the lawyer representing Humber Valley Resort, said if Buckle doesn't pay and sign the contracts the company has presented him with, the company will consider a lawsuit.
"Basically they don't have to sign it, that's what I am saying. They don't have to sign it, but I'm suggesting that he is still under what we call, and what the courts call, a just and equitable principle," Watton told CBC News.
"A person doesn't just move into a resort and say, 'B'y, I'm not paying any fees,'" he said.
Humber Valley Resort has threatened to cut off Buckle's water, but that hasn't happened yet.
"Maybe we should have cut him off. As a matter of fact, that's what a lot of property owners are saying to administrators and staff. Why should he be treated any different?" he said.
"He's going around telling everyone they don't have to pay the fees — he hasn't paid one cent," said Watton.
Watton said the resort wants Buckle's water cut off immediately, but he will wait for another negotiation to take place before that happens.
If Buckle doesn't pay the annual fee, Watton threatens a $25,000 bill to reconnect that service. That cost would be in addition to fees the resort says Buckle already owes.