Cost of legal ward challenge stays hidden

Tue, February 7, 2006

By JONATHAN SHER, FREE PRESS CITY HALL REPORTER



London council voted last night not to tell taxpayers how much money has been set aside to hire a $545-an-hour lawyer until his work on two high-profile cases is complete.

The 13-3 vote came after city solicitor Jim Barber defended keeping the amount confidential, his plea followed by a closed-door discussion that lasted more than an hour.

The decision marked a reversal for three members of the city's board of control. Controllers Tom Gosnell, Gord Hume and Bud Polhill voted five days ago to disclose how much has been budgeted for Toronto lawyer George Rust D'Eye, hired to challenge a 14-ward map ordered by the Ontario Municipal Board and to defend a development freeze that was quashed because it was debated behind doors.

"We got legal advice that convinced me to change my mind," Polhill said.

"I can't say what the legal advice was, but it's compelling."

The legal advice didn't sway Mayor Anne Marie DeCicco, who, along with councillors Bill Armstrong and Joni Baechler, supports immediate disclosure.

"I made a commitment to the public. I was just trying to be consistent," DeCicco said.

"I do respect there are some legal concerns, but there is a very public aspect to the case."

Those who opposed disclosure until after the cases were complete argued that had been the practice at city hall.

But that argument fails because the two cases aren't like typical lawsuits in which parties seek money, Armstrong said after the meeting.

When the other side seeks money, it makes sense to hide how much the city might expect to pay. But in the wards and development freeze cases, the opposing sides aren't seeking money. "This is totally different," Armstrong said.

Barber told council the Ontario Court of Appeal has ruled costs are central to solicitor-client privilege. But the same court ruled costs should be disclosed when doing so reveals nothing about the legal advice given.

A court will consider Feb. 13 whether to hear the wards appeal.