FOR IMMEDIATE RELEASE
Councillors Rick Chiarelli and Alex Cullen are sponsoring a measure that would prevent City lawyers from suing community based public interest groups who participate in public tribunals on matters of policy and public interest.
If approved, the Notice of Motion, moved by Chiarelli and seconded by Cullen would stop City lawyers from filing claims for “costs” against such residents’ organizations when they appear at tribunals such as the Ontario Municipal Board, courts, Licensing tribunals etc.
“Community groups and resident organizations contribute significantly to public policy development at the City by offering advice and by putting aspects of Council decisions to the test,” says Chiarelli, “Occasionally, disputes and disagreements over matters of principle sometimes require decisions by third party tribunals, some of which are established specifically to deal with disagreements between the public and local government. Hitting these groups with claims for hundreds or even thousands of dollars is punitive and unfair and could discourage involvement in organizations that make a positive contribution to public debate. We should be promoting involvement, not discouraging it.”
The proposal includes safeguards against abuse by residents who could potentially act in bad faith. It permits City lawyers to seek cost orders only in cases where the presiding judge or officer deems the community group’s actions to be frivolous, vexatious or of oblique motive.
The Chiarelli/Cullen motion has been officially referred to the Corporate Services and Economic Development Committee for public input and recommendation and it is expected that this will take place at the Committee’s meeting of January 6, 2009.
The action by the two Councillors comes only days before City lawyers obtained a cost endorsement of approximately $5,000 against the Greenspace Alliance of Canada’s Capital.
For more information call:
Rick Chiarelli 613-580-2478; Alex Cullen 613-580-2477