Outstanding lawsuit report requested by councillor

Amherstburg Municipal Building

A member of town council wants more information on litigation the town is connected to.

Councillor Diane Pouget requested “a complete report” from administration of any pending lawsuits against the Town of Amherstburg, estimated costs to defend the town and how the town will pay for the possible expenses.

Pouget said she has received the same question “over and over again” over the past few weeks about how many lawsuits the town is involved in. She referenced a lawsuit filed in the fall of last year, and she stated the town is “unrepresented.”

The moving parties were numbered companies with the town listed as the respondent.

“I think it’s very unfair the public knows about this and yet, I as a councillor, have to tell them I know nothing about it,” said Pouget. “That’s why I’m asking for this report to come back to council. I think we are entitled to know when we have major lawsuits against us.”

Mayor Michael Prue said, “we live a litigious society and I’m not sure staff can report on every person or group of persons that wants to sue us.”“Very often, they just end up being there for years. There’s nothing to them, they’re not defended and they are eventually thrown out,” said Prue.

Clerk Kevin Fox said he is also risk manager for the town and said he has heard from residents on claims that are before the courts. 

Fox added the town is happy to look into the claims again but said claims are investigated by administration.

Pouget said there is a matter in Toronto that is still active, and Fox encouraged her to send that file along and it will be studied further.

Prue said he didn’t know what the case Pouget was referring to, but speaking in general terms, he said sometimes in damage claims, people sue “the King down to the school board and everyone in between.”

Pouget wanted a report to come back to town, stating “public business is public business.” 

Prue said the town has to find out if they have been served and who is representing the town, but council would have to learn that information in-camera.

Fox said he was happy to provide a confidential e-mail on the matter cited by Pouget, but believed the motion put forth was “too vast” and would be time consuming to gather all lawsuits, adding “anyone could sue anyone for anything. It doesn’t mean it has merit.”

Pouget wanted her motion to proceed to a vote, with only herself and Councillor Molly Allaire voting in favour.

Councillor Don McArthur asked if a motion could be passed asking for an e-mail to assuage Pouget’s concerns, with Fox stating he was willing to take direction on the specific matter. 

Pouget was concerned over her ability to share the information.

“Everything filed with the court is a public document,” said McArthur.

McArthur told Pouget if she has a statement of claim, she can share it with council, the public or “sell it on a street corner.”

“You don’t need the clerk to do that,” said McArthur. “You have it in your possession.”

McArthur added statements of claim contain unproven allegations and who the parties are. 

“You are free to hand that out anytime you want,” he told Pouget.

Deputy Mayor Chris Gibb said it could have been addressed at the May 11 meeting and said “I’m not sure why it has gone this far.” He said he will await to hear from Fox.

“I don’t know why there is any secrecy to it. We could have just discussed what was in that document. I guess we’ll have to hear back from the clerk,” said Gibb.

Pouget also wanted a full report at a future meeting regarding the status of a May 2016 motion for the town “to fund and erect” a plaque in front of the Front Road North home formerly occupied by the late Eugene and Elizabeth Whelan. The plaque was to pay tribute to a visit there by Soviet officials, one of which was Mikhail Gorbachev, and was later dubbed “The Walk that Changed the World.”

Whelan was a former Member of Parliament, senator and Minister of Agriculture.

“This motion was passed in May of 2016 and it was unanimous. Somehow or other, this motion got lost. It was never reconsidered. I’m asking for a full report to come back to council on the status of this motion,” said Pouget.

Pouget said she had newspaper reports and pictures to substantiate what she was saying. Pouget said what brought it to light was that Kirk Walstedt, who used to work for Senator Whelan, asked about it with Pouget stating she followed up with the Whelan family. Walstedt is the current deputy mayor of Lakeshore.

Clerk Kevin Fox recalled a plaque being installed in Navy Yard Park recognizing Whelan, but Pouget emphasized the plaque she was asking about was to be placed at the former Whelan home.

“I think that’s really, really important we acknowledge that historical function in the Town of Amherstburg,” said Pouget.

Prue said it was a “fairly simple request” to find out what happened to the motion.

Outstanding lawsuit report requested by councillor

By RTT Staff