Aurora Citizen

News & Views from the Citizens of Aurora Ontario

Morris Lawsuit Delayed Because Lawyer Forgot to File Documents

Posted by auroracitizen on January 12, 2011

Yes it’s true — the long-awaited court date of Jan 13 has been delayed.

The defendants were notified today that Counsel for Morris neglected to send a “motion confirmation notice” to the court as required — as a result, the court removed the motion from the list.

Aird & Birlis indicated they didn’t believe the notice was necessary.

Two possible reasons for this lapse immediately spring to mind;

  1. Aird & Berlis really didn’t understand the required next steps when dealing with a matter of this nature
  2. This is a ploy to delay the proceedings — that a judge will evaluate the motion by Morris and make a judgment based on its merits

Obviously, we will never know the true reason — but it does make one wonder.

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13 Responses to “Morris Lawsuit Delayed Because Lawyer Forgot to File Documents”

  1. Anonymous said

    I finally got around to reading the Auroran and my interest was piqued by the continuing saga of the Morris lawsuit; specifically the part about an email that Nigel Kean forwarded to Morris and Maceachern that allegedly identified this blog as belonging to Bill Hogg and implying that there was some kind of an evil plot by Mr. Hogg in launching it. It also allegedly drew and inference that the then Mr. Dawe was somehow in on it all.
    If I am not mistaken, I remember that Mr. Kean himself was a very vocal and frequent contributor to this blog, especially leading up to the election campaign. He obviously didn’t care then who was the “owner” of the blog.
    I did not vote for Mr. Kean and now I am particularly glad that very few voters did. It is most evident that we made the right decision. It is interesting that he had the email for quite some time prior to the election as the Morris lawsuit was initiated back in October. However, he only chose to use it after he had been badly rejected by voters. He says that he saved the email because he claims he knew it would be “important” (whatever that means to him). I guess it wasn’t important until after the election; he wouldn’t want to jeopardize his political career by overtly cozying up to MorMac. Intersting timing from one who campaigned on a platform that included integrity.
    There are others, I am sure, who save emails too, even some from Mr. Kean. Who knows, they may be “important” and will be brought to light at the right time. I firmly believe that what goes around, comes around.
    Since the election Mr. Kean has tried to convince us that he has no feelings of sour grapes. I am not convinced; his actions speak volumes.

    • Brickbat returns said

      Old emails eh ……maybe the ones out there about a councilor tipping off people about the Jazz Festival should surface.

      The ones that squished Mike Morans bid for a music event at the Town Park.

    • Making Plans for Nigel said

      Nigel isn’t outspoken, but he likes to speak and he loves to be spoken to. Nigel is happy in his work.

  2. evelyn buck said

    Surely no-one is surprised.

    The only question outstanding was how things would be concluded once funding was cut off.

    • JOHN H SARGENT said

      E Buck no ones should be surprised, just as i am not that the Banner Sun Jan 23 ,states that the INTEGRITY COMMISSIONER OF AURORA HAS TENDERED HIS 30 DAY RESIGNATION NOTICE and is going to work for the Town of Richmond Hill..Aurora C was to discuss this at Tue meeting..go figure

  3. Any news? said

    Speaking of lawsuits, how is Evelyn’s going? Isn’t the town funding the former mayor and councillors on that one?

  4. Stephanie said

    They “didn’t believe the notice was necessary”? Um, it’s pretty simple. It’s all set out in plain language in Rule 37.10.1 of the Rules of Civil Procedure. It’s not like this is anything new. Hmmm . . . interesting development.

  5. walt said

    I’ll put in more blunt terms – having only looked over the defendant’s material so far:

    Chris Cooper appears to be an horse’s bottom.

  6. JOHN H SARGENT said

    Without Prejudice but wow ..After reading filed documents i had not realized that town itself was so involved in trying to prove a case against its citizens re town legal office MR Cooper..I thought they were only funding Mayors law suit not trying to prove it in favor of..Thank-god for the election results and as for filed considered hurtful sayings , half the town or more would be filed in suit if all our thoughts had been put to print instead of verbal about town talk from what was been witnessed in and beyond the chambers of Aurora Town Hall….If courts need a reference case, just look to last Toronto election campaign, poor Rob Ford ,look what he endured and still got elected and not needed to sue any of the heavy criticizing remarks that came at him in oceans and waves , man they appeared harsh and hurtful in print,the voters ignored them as did MR Ford.. CASE CLOSED I know lawyer but if it not seem right it normally is not as their is no way that any of these remarks really lost the election, maybe a few votes lost in way they were perceived and acted on by claimant in the law suits timing and deliverance of such..That could harm ones reputation in itself….Now the delay, was it planed who knows, lawyer client privilege ???

  7. Luckywife said

    a) I can’t speak for others, but if I had already spent a considerable number of hours on a project and did not know how, when, or whom might be paying me, I possibly would want to delay any further investment of time and effort until I had some answers.

    b) I don’t think that it is unfair or even presumptuous for an onlooker to a defamation suit to speculate that if a plaintiff truly held the conviction that they had been defamed and unfairly critisized for their job performance, that they would desire to see the matter before the courts post haste.

    Question? What would happen if the plaintiff withdrew the motion or complaint? Would the defandants have to sue for costs or would the courts award?

    Regards,
    Luckywife

  8. What game is this? said

    Maybe they’re pissed off because they haven’t been paid a penny by their client, whoever that is!

  9. Chris said

    After reading the filed documents:
    To bad everyone seems to have forgotten who they work for. It appears that the Town Solicitor stops representing the Town. Councillors, by endorsing an apparently very flimsy motion in support of the former mayor, stop representing the constituants. And obviously the former mayor for reasons only understood by her.
    You work for us.
    Now an honourable remedy: Those council members and employees (past & present)that supported the lawsuit. You should pay, out of your own pocket, all the costs including the Town authorized portion and all the costs to the respondents. Town Councillors and employees can work without pay.
    I won’t forget this expense when any new budget item arises (especially the Town Solicitors office.

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