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November 17, 2004
LAWSUIT RETROACTIVELY OKAYED
by CATCH (Citizens at City Hall)
The City of Hamilton appears ready to proceed with a controversial lawsuit against over 60 federal employees and three former cabinet ministers. The suit was filed in early April by David Estrin on behalf of the city, even though it had not been approved by council.
Now the city's public works committee has resolved to "ratify the actions taken by staff in commencing Court Action No. C-383/04 against the federal government, its Ministers and employees." The decision is subject to final approval next Wednesday by the full council.
The suit seeks $75 million in compensation for delays to the Red Hill Creek Expressway allegedly caused by a federal environmental assessment of the project. The committee resolution also authorizes submitting a an offer to settle the suit, but provides no details of this.
The suit became public in late-September and shortly afterwards it was confirmed that council had never approved the action. It was also revealed that at least one of the Environment Canada employees being sued died several years ago. The new resolution makes no mention of this fact.
It apparently was proposed to the council committee by Estrin, a partner in the law firm Gowlings Lafleur Henderson that is pursuing the case.
Several councillors took issue with the lawsuit when it originally became public. Some of their comments are included in an earlier CATCH article that can be viewed at
http://www.environmenthamilton.org/CATCH/
articles/art_0409/art_040930lawsuit.htm.
The full committee resolution is reproduced below.
Resolution adopted by Public Works, Infrastructure and Environment Committee of City Council
Monday, November 15, 2004
Red Hill Valley Project - Legal actions - (LS04021) - (City Wide)
- That Council hereby ratify the actions taken by staff in commencing Court Action No. C-383/04 against the federal government, its Ministers and employees;
- That the City Solicitor be instructed to continue with Court Action C-383/04, as against the federal government, its Ministers and employees;
- That the City serve an Offer to Settle in Court Action C-383/04 in form and content as set out in Appendix A to Report LS04021;
- That the City commence a Court Action against all identifiable individuals who, during the summer of 2004, participated in activities in contravention of the City's Injunction Order, seeking to have them held in contempt of Court.
- That for the purposes of continuing to represent the interests of the City on the Red Hill Valley Project the City Solicitor be authorized to continue the ongoing retainer of Gowlings, with all legal fees and disbursements to be reviewed and approved by the City Solicitor, and charged to Public Works' Capital account no. 52425-4060087009.
- That the City Solicitor provide reports to the Public Works Infrastructure and Environment Committee, no less than annually, setting out the projected annual budget for legal services for the Red Hill Valley Project, and providing a summary of the monies expended for legal services in the preceding year.
- That the staff power point presentation be presented to Council while In Camera, at its next meeting and an amended hard copy version of the presentation be released to the public.
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