About Legal Costs

Legal costs are a matter of public record. The public have a right to know how taxes are being spent.

In the Mormac regime, despite legitimate efforts , the information has not been pried from their hot, sweaty, tightly clenched fists.

So, in the absence of exact accounting, we turn to our own devices to fathom the mystery.

Mr. Beaman gave us the figure of $135.000 up to and including the third appeal procedure. The fourth failed exercise would add another $45,000. It was the cost despite not having to present any kind of an argument.There were also evenings in attendance on Council.

I have seen fifty-five minute telephone conferences with the Mayor and e-mails from Susan Walmer on invoices.

I think $200.000. is a conservative estimate for the Joint Board fiasco.

We have an Ontario Municipal Board Hearing ahead of us. Mr. Beaman has previously estimated costs at $150,000. for a Hearing of two weeks. Mormac are still pursuing that which has been refused four times. Time estimated for a Joint Board Hearing, if granted, is seven weeks.

A conservative estimate for seven weeks would be $500,000.

Last year, the town's budget included a $100.000 reserve for the legal services. By the end of the year it was depleted. Primary activity centred around lawyer John Mascarin.

Former clerk Bob Panizza brought him on the scene. They had worked together in the Town of Markham. Mascarin worked in the municipality's legal department. Panizza brought him on board to answer the question about whether Provincial regulations trump the Municipal Procedure Bylaw on the question of a by-election.

Panizza didn't need a lawyer for that question. He knew the answer. Nevertheless, Mascarin was on hand the night of the decision to refuse the by-election. He occupied pride of place on the staff side of the Council table. He assisted the Mayor in steering the decision to its pre-determined conclusion.

He was involved in the "investigation" of payment authorization for the re-design and re-construct of a fault in the Stronach Centre ceiling and the shameful Inquisition type tribunal conducted behind closed doors.

He was retained and assigned to examine, analyse, recommend publication of a report on written and verbal utterances of an elected representative for the purpose of packaging an iron-clad complaint to an Integrity Commissioner. Which failed.

I estimate, in the absence of exact figures, pretty well all of the $100,000 legal reserve was paid to Mr. Mascarin for the multiple and variety of services noted above.

A reserve is for a rainy day. Anticipated costs do not appear in a reserve. It is intended to cover the unexpected. Services randomly decided upon by Mayor and Council could not be forecast or included in the town's legal services department budget.

How could a town's legal department plan for action against an elected representative? A member of the body which provides judicious oversight of their operation ?

The entire reserve was expended. The funds to pay Mascarin could have come from no other account.

That's why I figure John Mascarin's legal services cost us nigh on a $100,000.