Mayor Bonnette and retired C.A.O. Bob Austin behind court action suit against Community Newsgroup

November 1st., 2005

Halton Hills: The Halton Herald has learned through an F.O.I. application (Freedom of Information) that the Mayor, Rick Bonnette and retired C.A.O. Bob Austin, a self described friend of the Mayor's whom the Mayor has worked with for decades, were the key players behind the taxpayer financed lawsuit aimed, in part, to get an injunction to silence this local community newsgroup from publishing dissent.

The Corporation of the Town of Halton Hills launched a civil claim against the Herald for defamation, citing;

"By reason of the nature of its business, the plaintiff Town's reputation and goodwill with the general public is of paramount importance to the ongoing business and undertaking of the Plaintiff Town, its elected representative and it's officers and employees. For the same reason, the reputation and goodwill of the Plaintiff Alyman is of paramount importance to the success both of his own business and undertaking on behalf of the plaintiff Town, and also that of the Plaintiff Town itself. By defaming the Plaintiff Alyman in his capacity as an officer and employee of the Plaintiff Town, the Defendant has defamed the Plaintiff Town and damaged the Plaintiff Town's reputation and goodwill with the general public."

The Herald contends, and video records prove Terry Alyman defamed himself through his own personal discriminating business practices when, during a council meeting Mr. Alyman admitted to infringing upon the civil rights of Al Kirouac for his involvement in a Police probe into a land transfer deal between Town and the private and exclusive North Halton Golf & Country Club and the departure of C.A.O. Andrews. Halton Regional Polices Services has since handed over their fraud 'probe' to the O.P.P. The Herald also alleges Alyman had previously discriminated against a community member, Stephen Grasby, infringing upon his rights to access public facilities for his role in raising safety concerns which were eventually reported in the Toronto Star.

The F.O.I. summary of the closed session of the June 13^th Council Meeting, item 9C states;

"verbal report from the Mayor".

 

Subject Matter:

"Halton Herald Website Al Kirouac".

 

Comments:

"The Mayor advised that the CAO and him have met with the Town's solicitor and will be meeting with him again. The solicitor has advised the remarks made about T. Alyman are slanderous. A letter may be sent for him to cease."

The law states; slander relates to oral communication of false statements. The Herald printed the story on Terry Alyman's discriminating practices and any subsequent claims fall under libel laws, not slander. The law firm representing the Town on this matter is the law firm; Helson, Kogan, Schaljo & Associates, which some local investors may recall had one of its primary members disciplined by the Law Society of Upper Canada for unprofessional conduct. The firm has, we assume, been directed to proceed despite the statements recorded of Terry Alyman, made in a public forum, and despite a precedent judgment previously ruled by the Superior Court, which states governments cannot sue for defamation.

As part of the settlement offered by the Town, the Town demanded, in part, lawful articles printed about the Mayor and the retired C.A.O. Bob Austin be removed from the website.   

The Mayor had previously threatened legal action against the Herald using his own personal lawyer, which would have amounted to a costly action for his personal undertaking, as well, would have amounted to a risk of high financial loss.  Using taxpayers' coffers to finance a lawsuit comes with no financial risk to the Mayor. All risk are transfered to the taxpayers' of Halton Hills, unless of course, a claim can be proven under Bill 30: 'civil remedies under organized crimes which injure the public', in which case, all knowing participants are personally liable for their actions.

The Herald's lawfirm - Blake, Gassels and Graydon LLP  have scheduled a motion before the Courts on December 20^th, 2005.

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