‘This will not be hidden’: Ramara contempt hearing postponed

The penalty hearing for Ramara’s contempt charge has been postponed until October.

Justice Phillip Sutherland found Ramara in contempt earlier this year when the township did not heed the orders of another judge after passing shorewall bylaws in “bad faith“.

The shorewall case involved the Lagoon City Parks and Waterways Commission, a board that includes members of council, which helps regulate community spaces and infrastructure in Lagoon City.

The hearing to determine whether the township “purged its contempt” or should face an “appropriate penalty” was originally scheduled for 10 a.m. Sept. 4 at the Barrie Court House.

“It’s always about getting to a solution,” said Ken Jennings, an applicant in the shorewall litigation and contempt case against Ramara.

After releasing its statement in April, the township fired its previous lawyer, John Ewart, and hired new external legal counsel from WeirFoulds LLP.

Jennings noted, with the new lawyer, “the township is now starting to listen.”

That lawyer is Sylvain Rouleau, whom Jennings said was present at the town hall meeting regarding a Lagoon City Parks and Waterways Commission (LCPWC) governance review on Aug. 26.

Discussion between legal counsel on both sides has been ongoing since Rouleau was appointed.

“There’s finally some willingness to listen,” Jennings stated, explaining that accountability is more important than any penalty the court might deem fit.

“It has been 10 years of peoples’ lives, $300,000 in legal fees on our side, just as much on the township’s side,” said Jennings, noting that one of the applicants in the shorewall litigation is now 94 years old. Financial and other stresses related to the ordeal have not been kind, he said.

“Nobody was fired, nobody was put on probation, or had a salary docked. And the township still hasn’t said they screwed up,” remarked an irked Jennings.

As lawyers discuss possible outcomes, what is inescapable is that this may be the first time in Canadian history a municipality was found in contempt. No previous case has been identified.

“We know what we’re asking for. There will be no non-disclosure. Over my dead body … this will not be hidden from taxpayers,” said Jennings.

As per its statement in April, the township insists that the shorewall permits were issued. All parties consented to the adjournment in order to continue discussions. As it is currently before the court, the township would not comment on the matter.