Update on my application for judicial review

I am pleased that dates were set yesterday to move my application for a judicial review forward. In light of the county’s initial position that the court should dispose of the application at the first court appearance that’s good news.

I am also pleased that lawyers Cumming (for the municipality) and Muttart (my solicitor) agreed to the removal of the Warden from the application's title. It clearly made Warden Brothers uncomfortable and that was not our intention. This does not change anything significantly as the municipal solicitor stated that he and the municipality will not move to limit my remedy because of the change in the application.  Essentially, Warden Brothers' decision is still what is being challenged whether or not she is a named party.

It has been suggested that the only factor in play for me is that I was "embarrassed" by the warning given to me by the Warden. That isn't a factor for me at all.  What factors for me is my ability to properly represent the citizens of Kings County. That was severely limited by what occurred in chambers on October first. The transcript of proceedings clearly shows that. This is important beyond what happened to me personally in council chambers because when robust debate of the important issues of the day is not allowed we all suffer.

It was possible for all parties to settle this matter out of court.  Indeed my lawyer worked hard to achieve a settlement.

 

Alternatively, things could have been argued on the strength of the written transcript of what actually took place. Unfortunately, the municipality was not open to that either.

The municipality wants additional hearings and affidavit filings that will prolong the matter and increase costs to the taxpayer. That is a pity. My solicitor and I have taken care from the beginning to limit the time and costs to the taxpayer.

 

But we are now headed towards additional costs that I think are unnecessary. For example, the municipality’s lawyers are attempting to say that my solicitor cannot represent me because he used to represent the municipality. I think that will prove to be an argument without merit. There are no secrets here that would be of any unfair advantage to me over the municipality.

I remain confident that the transcript of what was said at the council meetings will ultimately be the deciding factor in all of this. The transcript is very plain and pointed regarding the core issues under debate and a sound decision could be made at a modest cost on what the record holds.

 

Everything else may amount be little more than very expensive window dressing.