From Another Angle

Adrian Heaps, a Toronto Councillor elected in 2006, was sued in 2007 for defamation by a fellow candidate.

The Globe and Mail published an editorial comment favoring Heaps and denigrating his closest rival.The losing candidate complained to the press council and received an apology from the Globe and Mail, then sued Heaps, who had circulated the Globe editorial,for defamation.

The matter came to public attention when a majority of Council voted, to pay Heaps legal costs, including twenty-thousand dollars for damage settlement.

The city solicitor advised Council publicly they had no authority to approve an expenditure for a Councillor's legal expenses.

The decision was eventually reversed.

Adrian Heaps did not participate in the debate.

He was quoted that he had to settle or the suit would have bankrupt him. It was also reported he did not ask for the payment nor would he accept it.

Councillor Howard Moscoe suggested a fund, financed by candidates to protect candidates from legal action, should be set up.

Howard Moscoe bowed out of politics.He is no longer on hand to pursue the issue.

Adrian Heaps was defeated in the election.

His 2006 rival was elected.

The issue of payment, from public funds, of a Councillor's legal fees was front and centre in the media last year. A relevant point from an Aurora perspective, was the city solicitor's vehement advice.

The debate was not held behind closed doors.It was covered by three Toronto newspapers.

Toronto Councillors who voted for the motion, stated later they were not aware the amount they approved included the $20,000 settlement. Total was $65,000.

It happened in the same year Aurora Council went behind closed doors to hear about possible defamation of an anonymous comment on a blog.On September 15th.at I.15 a.m., presumably based on advice received, they directed legal counsel to retain external legal counsel to "take any and all action to resolve the matter"

In a public meeting,on a vote to approve the minutes,Councillor Bob McRoberts withdrew support for the decision. He claimed it was not in accordance with the Municipal Act as he understood it.

I cannot imagine a municipal politician anywhere in the GTA, but particularly in Aurora,not being aware of the controversy in the City.

Most especially, the Toronto Solicitor's unequivocal advice to Council,they did not have authority to approve the expenditure.

Councillors, who voted in favour, are currently being sued by Councillor Doug Holyday.

The services of former Toronto City Solicitor George Rust D'Eye have been retained to argue the case.

Councillor Holyday is using his own resources. He has stated, if he loses, it will cost him a bundle, but he feels the public need to be aware of what goes on at City Hall.

The public needs to pay more attention. he is reported to have stated.

Councillor Doug Holyday is a former Mayor of the Borough of Etobicoke and a veteran of Toronto politics.