Lawsuit Update
Posted by auroracitizen on November 2, 2010
The following was reported in this weeks Auroran.
Howard Winkler, Lawyer for Ms Morris indicated that the only amendment was to make it clear the plaintiff was Ms. Morris.
Translation?: Taxpayers are still funding the lawsuit that she will personally benefit.
Wendy Gaertner stated: “the scuttlebutt was not off-base” when asked whether Councillor knew whether they were voting on a lawsuit as rumoured. She went on to say “we didn’t know what that something would be, in fact I found out what that something would be via the newspaper.”
Translation?: Councillors did not discuss a lawsuit behind closed doors. Morris took the motion from Council and decided on the lawsuit herself. With her eligible to win $6,000,000 personally.
Makes one wonder if Councillors voted for other things over the years when they didn’t know what that “something” would be.
Given the closeness of the votes for Granger and Wilson — wonder how they feel towards Phyllis these days. Did her personal lawsuit cost them re-election? This lawsuit will also follow them in any future attempt to seek re-election.
Aurora Citizen 
Anonymous said
Is there an update arising from yesterday’s (Nov. 8th) proceedings?
auroracitizen said
An Statement of Claim was received by the defendants. Nothing much new was in the claim, but it has now been formalized and the claim now specifies the allegations versus the Notice of Action which made general sweeping allegations. Lawyers for both sides are now busy working; 1 sided funded by your hard earned tax dollars — the other side funded by hard earned personal income. You can figure out which is which.
Anonymous said
Thanks for the update. How many specific comments were cited in the Statement of Claim?
(It still boggles the mind that this is actually happening)
Anonymous said
Also in this week’s Auroran Morris is considering starting her own blog…. after spending years and hundreds of thousands of dollars in trying to shut blogs down in town. Go figure this hypocrisy.
She also claims to have a passion for writing. If she writes like she talks it should make for some useful bedtime reading to induce sleep.
Another Anonymous said
As Mayor Morris billed herself to be ‘open, honest & transparent’, why didn’t she start a blog 4 years ago???
veritas said
Doesn’t this week’s Auroran just say it all! This “we are just little lambs lambs that were led to the slaughter by town staff unbeknownst to us. We had no idea it would result in a lawsuit” just illustrates the Baaaaaa mentality of at least 2 of the this term’s councillors. I have no sympathy or patience with either or any of them who voted yes without understanding the potential implications that accompanied that vote. No wonder we citizens have no confidence in their abilities to make good sound decisions on our behalf. They belong in a flock in a field somewhere and certainly not at the town hall!
Anonymous said
So Phyllis is being represented by the Fonz!! Ha ha, no that was Henry Winkler, not Howard!
Disenchanted said
…..am I surprised? All the 5 previous councillors didn’t know if they were coming or going!!!
…..they just voted anyways just to go against Evelyn.
…..I do hope Ms. Gaertner wakes up and “smell the roses”, otherwise it stinks!!!
Tim the Enchanter said
And in other news…..
Canadian Forces Buy Nukes, MP Possibly Outraged
Ontario MP Les Weak today expressed outrage at today’s announcement that the Canadian Forces have purchased three tactical nuclear weapons.
The purchase was made according to the provisions of Bill C-1000, unanimously approved in parliament last March and which authorized $1B in additional defense funding and specifically directed the Department of Defense to “Buy Something”.
“It didn’t say what they would buy” said Weak, who voted in favour of the bill,“and I had no idea they would buy weapons” adding “After conferring with friends and constituents I’m fairly certain I am outraged over this.”
Meanwhile back at Aurora council.
The soon-to-be former mayor is of the opinion that a local blog has crossed the line.
OK – fair enough – what do we do?
Why don’t we get the town clerk and the solicitor to table some options for council to ponder such as:
1. Forget it – it might be nasty but it’s free speech and for all we know her mother really does wear army boots.
2. Send a real nasty official-looking letter and ban them from the Farmer’s Market (and no Rib Fest either – so there!)
3. Sue the impertinent so-and-sos for gobs of money.
Now we’ll discuss and vote on the appropriate course of action.
But no.
Let’s skip all that because it’s, you know, kinda late. Let’s just raise our hands and vote that the town clerk “Do Something”
Gaertner says “we didn’t know what that something would be, in fact I found out what that something would be via the newspaper.“
Ok fine. She can read. That’s one for Wendy.
What really puts a giant hole in Gaertner’s credibility bucket is the timing.
– Vote was held in the wee hours of Sep 15.
– Lawsuit announced and papers served with pumpkin pie at Thanksgiving (the Canadian one)
– Election held Oct 25 – Morris out – Gaertner in.
– NOW on Nov 1, apparently Gaertner’s had enough time to think it all through and we get this “yes I helped light a fuse but I had no idea it was attached to a bomb so you can’t blame me for the explosion” lame quacker of a “sorta kinda” mea culpa.
A cynic might be of the opinion that Gaertner hedged her bets until after the election – just in the off-chance Morris was re-elected.
But, that’s just an opinion that a cynic might have and bears no relationship whatsoever to the actual thoughts real or implied of this poster who may or may not be legally called “Tim the Enchanter” or “Tim” or “The Enchanter” or “The”.
Luckywife said
Tim, I have to question far more than Ms. Gaertner’s credibility. She was quoted in The Auroran that given the same information and circumstance she would vote for it again. How deluded can these people be? It seems to me that not a single one of them has shown any foresight or are even capable of it.
Just suppose a Provincial court judge were to order the AC/Wordpress to release the IP addresses they are seeking. Then what? That and $1.52 will get Phyllis a coffee at Tim Horton’s.
Next step is to petition the ISP’s to release the name and addresses of the account holders. Now things get tricky; there are two major players in the ISP market; they are federally regulated and bound by Federal privacy laws that prevent them from just handing over customers private information to anyone that wants it, even a Provincial court judge. The kind of dollars they allocate to their budgets for legal expenses are measured in the tens of millions. They won’t just send one lawyer to court, they’ll send ten. If that happens how long would it take for legal costs to eclipse any damages that might possibly be awarded?
Meanwhile, If Mayor Dawe is unsuccessful in his bid to have council reverse this decision, Aurora taxpayers are on the hook to continue to pay to fight a battle for a disgruntled politican who has absolutely nothing to lose, financially or otherwise.
Perhapse Cllr.’s Gaertner and Gallo should co-chair an ad-hoc committee with a mandate to review the Corporation’s budget and recommend to council which programs and departments can be trimmed or cut completely, and a percentage amount to increase property taxes so we can all continue to pay for “Phyllis’ Folly.”
Sad, but with a brain trust like this, it could happen.
Luckywife
Broderick Epps said
Tim.
Your quiote “A cynic might be of the opinion that Gaertner hedged her bets until after the election – just in the off-chance Morris was re-elected”.
You give Ms. Gaertner too much credit. As one who didn’t know the time of the Remembrance Day Ceremony, Ms Gaertner did not distinguish herself last council. I am going to miss Ms Morris asking Ms. Gaertner, “is there a question there” after another Wendy attempt to debate and offer a point of view.
Tim the Enchanter said
It’s quite simple really.
Town staff, using their professional expertise, and responding either to a direction from council or community demand, present proposals to council for consideration.
The proposals identify the needs, costs, benefits and recommendations etc.
Council debates and votes yea or nay.
Take public works for example.
Would council ever vote on a directive to staff that simply states “Fix the Roads”?
Of course not.
How about what roads? How much does it cost? When will it be done? Who will do it?
As far as I’m concerned the sad episode of September 15 only proves one thing.
Either councillors did not understand their function or they simply chose to ignore it.
Did anyone in that meeting raise their hand and inquire as to Who, What, Where, When and Why?
To his credit, when he realized what as afoot, McRoberts made his position clear.
I assume by their silence that the other councillors involved are making their positions clear as well.
In my view Gaertner cannot wriggle of the hook on this one.
She might try to sell plausible deniability but I ain’t buyin’.
She freely cast a vote to “Do Something”.
She must share in the responsibility for whatever that “Something” turned out to be – in this case – a lawsuit.
Luckily for Aurora, Mayor-elect Dawe is proposing a vote in the new council to disengage the town from this mess.
If Gaertner and Gallo wish to reaffirm their support of the legal action or have a change of heart they will be free to express their views and vote accordingly at that time.
Meanwhile Ms. Morris is quite within her rights to launch legal action if she feels she has been wronged but I for one, am not prepared to pay for it.
What I am prepared to pay for however, is a large sign high up on the wall of the council chamber.
“We are here to Serve, not to Rule”
Anonymous said
Dawe cutting the public pursestrings:
http://www.yorkregion.com/news/local/article/896543–not-funding-suit-aurora-mayor-elect
george said
One should not attribute bad motives to council members and mayor simply over disagreement in policy. When council takes a decision, it seems self-defeating for a council member to then blog her differences even though council has decided. Sounds like sour grapes to me.
One should revise the oath of office to include elements of conduct such that bad conduct would lead to removal from office with a 3 strikes warning system-no commissioners required.
Resolving disputes with lawsuits and integrity commissioners is a waste of taxpayers money and achieves little. That probably is the reason Morris and 3 councillors were booted out of office.
Luckywife said
This particular lawsuit has nothing to do with Cllr. Buck or her blog. She wasn’t even in attendance at the in-camera session.
Phyllis Morris is using public funds to sue PRIVATE CITIZENS who took no oath of office, are not subject to the Code of Conduct and are in no way answerable to council or an integrity commisioner.
Regards,
Luckywife
Robert the Bruce said
I think all of the councillors in the GOS should feel used and manipulated by Morris. For those that lost, it serves them right that they had to fall on their swords for her. They decided to not think for themselves or do what was “right” during that “Night of the Long Knives”.
I hope that Gallo and Gaertner realize that they were used and they see the light into this term.
Fuimus
Luckywife said
Don’t know what to think of Gallo’s motives in all this. He is a political opportunist and generally very astute. Gaertner, well I would like to think differently, but her comments in this weeks Auroran coupled with her history this past seven years indicates that she has learned little and absorbed even less.
Regards,
Luckywife