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Progresso Heights Ltd and Elrington back in Court

Progresso Heights Limited and Wilfred Elrington are battling yet another court matter as the company is suing Elrington for placing cautions on its properties.  Progresso Heights Limited is also suing the Registrar of Lands who has refused to remove the cautions from these properties. The cautions on the properties have prevented Progresso Heights from selling the properties and as a result the company has lost a substantial amount of money.  Today, the case was called up before Justice Courtenay Abel.  Elrington was a no-show and has cited medical reasons for his absence in court.  Progresso Heights Limited is being represented by Priscilla Banner and Senior Counsel Eamon Courtenay. Courtenay spoke to the media about the case.

Eamon Courtenay SC – Attorney for Progresso Heights Ltd: 2010 Wilfred Elrington put cautions on the subdivision so that Progresso Heights could not complete the sale of its properties. Those cautions remain after eight years, we had more than once applied to the Registrar of Lands to remove them and due to the political interference of Wilfred Elrington the Registrar has not done so, so we have also sued the Registrar saying that the Registrar ought properly to have removed them under our applications, they have failed to do so. According to Mr. Elrington he wrote under caution that they are there because he is a twenty percent shareholder and therefore he is entitled to 20% of the profits from the sale of the land. Now when you look at the Registered Land Act, it doesn’t take one very long to realize that not only is that statement bad in law, it does not provide a legal basis for caution so what you have is a company that has been stopped from selling land because Mr. Elrington has these cautions. He has used his influence to maintain them there and the business has come to a halt. It seems to me that we will make every effort between now and Wednesday to try to get the cautions lifted if we can do so administratively and then proceed against Mr. Elrington personally for damages.”

The case has been adjourned to July 31.