New ward supporters happy after hearing

Tue, February 14, 2006

The judge reserved his decision on a city appeal after heavily questioning its lawyer.

By JONATHAN SHER, FREE PRESS CITY HALL REPORTER



Supporters of a new 14-ward map in London walked away confidently from a court hearing yesterday that ended with a top-gun lawyer hired by the city on the defensive.

Toronto-based George Rust D'Eye, a leading expert on municipal law, was questioned extensively by Superior Court Justice Dougald McDermid.

McDermid reserved his decision on the issue, saying he will take time to decide if he will allow the city to appeal an Ontario Municipal Board ruling that created a new ward map.

Rust D'Eye argued the board overstepped its authority when it doubled the number of city wards from seven to 14. Only council can add wards, he said, while the board can only change boundary lines between existing wards.

How can that be, asked McDermid, when legislation gives the OMB the power to divide and redivide wards?

"What does the word divide mean?" McDermid asked several times.

"If you have one thing and you divide it, you have two things, at least."

When Rust D'Eye said redivide doesn't mean creating more wards, McDermid said: "That's a very interesting definition . . . it seems to me (that) results in an overall increase (in wards)."

Rust D'Eye responded: "I may not be right, but it should be tested. It's a point that could go either way."

McDermid said his questions and comments shouldn't be construed to mean he had concluded on the matter.

But his caution didn't deter optimism from supporters of the 14-ward map who nearly filled the London courtroom.

"We're very optimistic after seeing the argument," said Steven Turner, a member of Imagine London, the citizens' group that pushed for 14 wards.

Lawyer Norm Pizzale, who represented Imagine London yesterday, said Rust D'Eye presented little evidence only city council can change the number of wards or the number of councillors per ward.

"I just don't think he had ammunition to work with," Pizzale said after the hearing.

Rust D'eye argued the city's seven-ward map is enshrined in legislation that only council can change.

But Ontario's Municipal Act appears to suggest otherwise, stating: "The (OMB) shall hear the application and may, despite any act, make an order dividing or redividing the municipality into wards."

The OMB member who ordered the new map, Douglas Gates, has been rebuked by Deputy Mayor Tom Gosnell, but he was defended as a good lawyer by Rust D'Eye, who has known him and worked with him for more than 20 years.

When Gates retired as solicitor for Oakville, Rust D'Eye spoke at his retirement party.

This is the second time in two years McDermid has been asked by the city to allow it to appeal a controversial ruling.

In 2004, he refused to allow an appeal as the city defended a development freeze.

The bylaw later was quashed.

In a decision released last November, Gates found London wards poorly served electors and split neighbourhoods.

In 2003, Londoners voted to abolish board of control and reduce council's size, but turnout wasn't high enough for the results to be binding. Council later rejected changes