Board backs divulging price tag of appeals

Thu, February 2, 2006

By JOE BELANGER, FREE PRESS CITY HALL REPORTER



Londoners have a right to know how much money the city is setting aside to pay a Toronto lawyer to handle two major court appeals, members of the city's board of control said yesterday.

"I feel the public has a right to know," Mayor Anne Marie DeCicco said. "On an issue such as this, there's such great public interest."

The board recommended yesterday that city council pass a resolution Monday authorizing staff to divulge how much the city expects to pay lawyer George Rust D'Eye.

The city hired Rust D'Eye to appeal an Ontario Municipal Board ruling ordering London to create a 14-ward electoral system and a Supreme Court appeal related to a development freeze it debated behind doors.

City officials have already said they're paying Rust D'Eye $545 an hour, but wouldn't disclose the total amount set aside.

Their refusal led Coun. Bill Armstrong to make the formal request that went before board of control.

City lawyer Jim Barber told the board the estimate is subject to solicitor-client privilege and "I'm not prepared to do that without direction from the entire council."

Barber warned revealing too much information about the city's legal battles could affect the outcomes.

The Ontario Court of Appeal last year ordered the attorney general to disclose how much the ministry paid lawyers to defend Paul Bernardo.

Though communication between lawyers and Bernardo is held in confidence, legal fees paid reveal nothing of that communication, the court found.

Barber said the London circumstance is different because most of the money set aside hasn't been paid.

But Armstrong said yesterday there's no reason not to release the information.

"This isn't a negotiation, where by releasing the numbers someone might find out how far we're prepared to go," he said.

"This is about finding out how the law should be interpreted. And the public has a right to know what the potential costs are going to be because if our exposure is too high, they may not be so supportive of an appeal."

Controller Russ Monteith, a lawyer, was the only board member to object.

"When you're giving out fee information, you're also giving out some of the communication between the solicitor and client and someone may be able to use that against you," Monteith said.

"And I think we still may have to get (Rust D'Eye's) consent because he has an interest in it, too. And he may not want to continue working with you if he knows you're releasing his fees."

It is estimated it will cost about $50,000 to seek leave to appeal to the Supreme Court to defend a development freeze on Richmond Street quashed by Ontario's highest court because debate took place behind closed doors. That legal battle has already cost more than $200,000.

The 14 wards were ordered Dec. 30 by Ontario Municipal Board member Douglas Gates after council voted to keep seven two-councillor wards he found poorly represented citizens and neighbourhoods. His order came after ballot initiatives and a petition called for change.