Posted On: Monday, September 23, 2019
The Council of the Town of The Blue Mountains and former Councillor Michael Seguin are pleased to announce that they have reached an agreement resolving all differences arising from Mr. Seguin’s tenure and subsequent resignation from Council.
Following an honest and productive discussion, the agreement specifies that neither party bears any fault or liability for the events leading to Mr. Seguin’s Application for a Judicial Review of the procedural processes used under the Occupational Health and Safety Act to investigate and adjudicate the complaints against him while a sitting Councillor, including all complaints brought forward before the Office of the Integrity Commissioner.
The Settlement provides for a fair and reasonable payment by the Town to Mr. Seguin in the amount of $26,500.00 to compensate him for the costs he incurred as part of his legal challenge.
The Town has also agreed to waive the enforcement of a cost award issued against Mr. Seguin as a result of the abandonment of his court challenge.
In reaching this agreement, the Town wishes to thank the former Member of Council for his years of public service.
At the same time, Michael would like to express his gratitude to the current Council for acknowledging his disappointment with the inquiry process and assisting him in the partial recovery of his costs.
The parties will have no further comment in this matter or on the contents of the Settlement Agreement.
Council received correspondence from Legal Counsel for Michael Seguin at its open session of Council on January 16th, 2019 and directed staff as follows:
THAT Council receive the correspondence from Scheifele Erskine and Renken dated January 7, 2019 regarding former Councillor Michael Seguin;
AND THAT Council direct staff to:
a) Investigate and respond to Michael Seguin’s coverage under the Town’s insurance policy;
b) Respond to the correspondence regarding the request for specific records;
c) Engage legal advice from a solicitor that has not been involved with the complaint or file, or ever provided any legal advice or services to the Town in the past, who also has integrity commissioner experience; and
d) Investigate the Town’s potential exposure in response to the correspondence received and report back to Council.
As a result, to the work completed through the process outlined in the above motion, Town staff along with Legal Counsel were directed to negotiate with Legal Counsel for Mr. Seguin to reach a formal agreement. Town Council has been consulted and provided clear direction throughout the entirety of the negotiation process.
An Agreement has been jointly agreed upon with all parties including the Joint Statement. The Agreement and Joint Statement are appended to this report to provide clear and transparent communications and information sharing. As outlined in Section 6 of the Agreement, it is agreed that neither Party will provide further comment on this matter. In addition, Section 6 and Section 7 of the attached Agreement refer to the Town waiving enforcement of the Cost Award along with conditions for both Parties of the Agreement. The Cost Award being $20,000 not being enforced.
REGARDING A DEFAMATION LAWSUIT FILED BY THE FORMER MAYOR AND DEPUTY MAYOR AGAINST MICHAEL
On July 8, 2019, the Ontario Superior Court of Justice dismissed the defamation action against Michael Seguin and was awarded legal expenses under the SLAPP Legislation. The complainants did not appeal the decision and payment is still pending as of this date.
Location: L.E. Shore Library
Location: L.E. Shore Library