City to pay ward foes' costs

Sat, April 8, 2006

A judge supports citizens who pushed through a 14-ward map and orders payment of $16,351.

By JONATHAN SHER, FREE PRESS CITY HALL REPORTER



City hall must pay most legal costs incurred by citizens who pushed through a 14-ward map, a judge ruled yesterday.

Superior Court Justice Dougald McDermid, who in February rejected the city's request to appeal the new map, ordered the city to pay $16,351 to Imagine London's lawyer.

City-hired Toronto lawyer George Rust D'Eye had argued no costs should be awarded because there was a public interest in the city seeking an answer to a question not considered by the courts -- could the Ontario Municipal Board order additional wards?

His argument was rejected by McDermid, who wrote that the Municipal Act states the board can "redivide" wards.

That no one had taken the issue to court, he wrote, may simply be because "the word 'redivide' can be ascertained readily by resort to any authoritative dictionary."

"The meaning of the word 'redivide' was obvious . . . the argument advanced on behalf of the city that the word did not have its plain and ordinary meaning was without any hint of merit," he wrote.

Council made it clear that if it had won the case it would have sought costs from Imagine London, so council should have known they'd be on the hook if they lost, he wrote.

"I infer that by retaining Mr. Rust D'Eye, the city was prepared to expend a significant sum," he wrote.

The city appealed an OMB order issued last year that substituted a 14-ward map for seven existing wards that poorly served voters and split neighbourhoods.

City solicitor Jim Barber has rejected requests to reveal legal costs, saying council resolved to disclose costs only when the case was over.

A phone message and e-mail were left for Barber yesterday but he wasn't reached