The Town of Erin is taking the next step to defend itself in a lawsuit launched against the municipality by Mayor Lou Maieron.
In September Maieron launched a $75,000 lawsuit against the Town of Erin, the Credit Valley Conservation authority (CVC) and six other parties.
The statement of claim, filed with the Superior Court on Sept. 23, indicates Maieron is seeking damages related to a 17-acre property given to him in 2006, four years before he became mayor.
The woodlot was given to Maieron as part of an Ontario Municipal Board (OMB) decision regarding the Erinbrook Estates subdivision near his Erin home and fish farm business.
For several years taxes went unpaid on the property.
Last September the town told Maieron he would have to pay $38,568 in back taxes – or the town would proceed with a public sale of the property.
Maieron and his lawyer Kevin Sherkin argued at the time the deed was never officially registered because the terms of an easement on the property were not followed by the developer or the municipality. They said the developer or the town should absorb the unpaid tax bill.
But the town rejected that idea, as well as a request for a payment extension. Maieron eventually paid the tax arrears and one year later he launched the lawsuit against the town.
On Nov. 5 council members – excluding the mayor, who declared a conflict of interest, and councillor Barb Tocher, who was absent – discussed a statement of defense during an in-camera session.
The mayor, however, took exception to what happened as council returned to open session.
When it came to reporting from the session, Maieron asked whether he was supposed to be at the table when the resolution from the session came forward, since he did not know what the resolution stated because he was not part of the discussion.
The mayor was told it was his own choice to make.
CAO Kathryn Ironmonger said she could not provide advice on the conflict of interest.
But she pointed out the mayor had declared a conflict at the beginning of the meeting, and the resolution before council related to that same item.
“I’ll leave it up to you as to how to proceed,” said Ironmonger.
Councillor John Brennan agreed that it was up to the mayor to choose.
But Maieron contended, “if you are going to do something that affects me under Municipal Conflict of Interest (Act), I should be advised that an issue exists.”
Ironmonger again stated the resolution related to the same item on which the mayor had declared a conflict of interest earlier in the meeting.
“I don’t think what you’re doing is fair,” replied Maieron.
He said that since he declared his conflict prior to the closed session discussion, he removed himself from the table as the item came forward in open council.
Councillor Brennan told those in attendance that when council was in closed session, the mayor declared a conflict and did not attend.
“During the closed session, we reviewed a statement of defense with our legal counsel regarding court file number 687-13, with the plaintiff of Lou Maieron and a number of defendants including the town,” Brennan said.
He added that “after reviewing the statement of defense, we directed the lawyer to serve and file the papers with the Ontario Superior Court of Justice.”
