"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Thursday, 19 February 2009

You Were Asking

The Document on file at the court is Application for Judicial Review 499-07. The case will be heard next month at the Divisional Court by Osgoode Hall in the city. The documents cannot be viewed on line.

Anyone interested would have to make the trip. But a Freedom of Information application to the Town's Department of Corporate Services costs $5.00. I am not completely sure how it works. The $5 probably allows you to view the entire file. Likely there's a charge for each page of copy requested. It might be a good idea to make an appointment.

There has already been one hearing. The applicant requested the town make further documents available. The judge found the request unreasonable and awarded costs against them.

We pay costs for defending the action. If we lose, there will likely be an application for costs from the other side. In that event, we would have to pay their costs as well.

I don't imagine we are talking about hundreds of thousands of dollars, but the principle applies across the board. It's why councillors are regularly reminded to keep lips buttoned to protect the municipality's interest. If we are not responsible for that, who is?

It's why we are required to swear the Oath of Office before we are allowed to take the seat to which we were elected. It is not an empty ceremonial. We legally bind ourselves to do all things necessary to protect the Municipality's interest. We are legislators, just as they are in Queen's Park and in the Federal Parliament.

Going off half cocked because you think you know better than anyone else, including professional staff appointed to advise, sooner or later is bound to bring a person to grief.

Councillor MacEachern is not much inclined to take advice from anybody.


Anonymous said...

So what did Evelina say to the other guys lawyers? if it's out there can you share it with us or will they try to hang you?

Anonymous said...

Rumor has it, this isn't about what Evalina said, but more about what Buck wrote about the lawyer's clients. But that's only rumor.

Anonymous said...

What goes around, comes around. Sometimes it's painful waiting for it to happen but it always does. And...how sweet it is.

Anonymous said...

Someone said "Rumor has it, this isn't about what Evalina said, but more about what Buck wrote about the lawyer's clients. But that's only rumor."

Where are you getting your information? If Evelyn can't give us exact details, then who game them to you? Rumour or not.

Anonymous said...

Rumors are rumors and as such they are always orphans. That is why I made it clear that it was a rumor. But you're right. We do everyone a disservice by spreading rumors. I will get the document and review it for myself and report back to this blog (hopefully this weekend).

If Buck is correct, she'll be vindicated. And I'll say that here. I think you'll agree this is fair.

If the rumors are true, I hope Buck publishes by comment and I certainly expect an apology from her for misleading the people of Aurora.

Stay tuned.

Anonymous said...

Anonymous said, "If the rumors are true, I hope Buck publishes by comment and I certainly expect an apology from her for misleading the people of Aurora."

Good luck. I've been following the blog entries with interest. I note that Councillor Buck originally described it as an "inter-department memo". Now she call's it a document. She also has refused to answer a commentor's direct question about the "inter-department memo". This all leads me to think she wants to distance herself from her original position.

I would bet the rumors are true and Councillor Buck's blog statements are bogus. I can't wait to see what anonymous writes back. Maybe I need to see the court file myself. If my hunch is right, that Councillor Buck was misleading the public, she won't publish it.

Anonymous said...

Rumors, distrust, disloyalty, disgusting all seem to be apparent in this councils reign. I for one believe that Councillor Buck is a testament to what an elected official and their position hold. In my opinion, and please correct me if I am wrong, is to KEEP THE TAX PAYING PUBLIC INFORMED OF WHAT IS HAPPENING IN THE TOWN AND THE TOWN COFFERS. Evelyn keep up the good work and again I am staying tuned until the lights go out!

Anonymous said...

To Anonymous of February 20th at 4:17 I don't expect everyone to have integral knowlege of court procedures or documents, however, an interoffice memo was sent to litigants lawyers, that was detrimental to the Town of Aurora, by a Councillor.

When that interoffice memo was received and the fence action was filed in the Ontario Court, the "interoffice memo" became part of the court document, therefore the "interoffice memo" is now a part of a legal document in front a a Judicial Review Board before the Divisional Court of Ontario.

Councillor Buck has not refused to answer the commentor's direct question about this "interoffice memo" she has, in fact, provided you and the commentor with the exact location of the document so that you may, if you chose, go and view the document for yourself. The fact that the Judicial Review No. 499-07, item No. 51 in Divisional Court of Ontario at Osgoode Hall in the City of Toronto, should tell you that this matter is before the courts that this document, pages 200 and 201, can be viewed, and I have taken the opportunity to view the documents, is in fact true and just and serious.

Councillor Buck has provided fact not allegations yet again!

You and others would rather accuse Councillor Buck of injustice rather than take the time and effort to make sure that you are correct in your accusations.
Why don't you just quit sending anonymous crap that has no bearing other than vendictiveness and nastiness. You must be a very miserable person, I pity you.