Thoughts and Opinions On Today's Important Issues

Monday, September 11, 2006

Our Litigious Mayor

Mayor threatens lawsuit!

Eddie's The Man! You tell 'em Eddie. Way to go!

He's our Mayor/lawyer after all. He's our legal technocrat. He passed the Bar Ad exams. That oughtta scare someone.

I betcha that Stephen Harper and Dalton McGuinty are shakin' in their boots right about now wondering when the Sheriff is going to be a comin' around to their place to deliver that Statement of Claim!

No one but no one pushes Windsor around. No one bullies us! Those Feds think they are going to build the DRIC road---lawsuit. Well a threat anyway.

I read that Windsor Star article as you did. I betcha that they heard ya loud and clear in Ottawa, Eddie:
  • "At the end of the day, if that's what it takes, that's what we'll do," Francis said."
Man, I wonder which day that is however! Isn't Christmas coming? In the meantime Eddie is going to rock 'em.
  • "The city will write a letter to the provincial and federal governments, asking their positions."
Whew, I betcha that letter will be a real scorcher! Wow, we'll "ask" them, not "demand" mind you. That oughtta get their attention. I know we'll write one but I sure hope we send it

Eddie sure knows how to write letters, not just letters, but very detailed letters that take a lot of time to write too. You remember the letter Eddie was to draft about the Fed's study of the Schwartz Report. The Star reported on July 19, 2005 that "Francis interrupted his vacation Monday to respond to government concerns that he has yet to respond to a July 4 written request by Transport Minister Jean Lapierre" Francis told Council "he would prepare a response following his return from vacation. "I'm in the process of drafting that response," Francis said. "It's a very detailed response because there are some factual inaccuracies in (Lapierre's) letter." He was sure in a hurry to respond wasn't he?

That letter didn't scare the Feds much...their consultant blew the Schwartz Report right outta the water.

Those guys better take Eddie serious though. He is not foolin' around neither. Let me give you a few examples of the tough talk in this here City and the actions that followed.

Remember back in April, 2005 the "snub" meeting when the Mayor and Council did not attend, why the Star reported that "Francis was convinced government leaders were poised to use the expressway in some fashion as a border truck route -- as called for by provincial and federal bureaucrats -- and was telling media the city was poised to take legal action to thwart the plan." Everyone was good at "poising" at that time it seemed. Eddie thought the Senior Levels were poising so he poised too. Neither of them actually acted but poising was just as effective.

Why Jane Boyd wanted money for wrongful dismissal---defend the lawsuit. Sure, sure "City council quietly settled a lawsuit April 24... The vote to settle was a tie broken by Mayor Eddie Francis, who routinely briefs reporters on council's in-camera dealings, but who never mentioned the Boyd settlement to media." That was just a slip cause our Mayor had so much on his mind, staying up 18 hours a day and all that. I betcha he would have been itchin' to go through Examination for Discovery or a public trial as the main witness for the City except for that darned settlement.

A nine-month delay in the completion of the $42-million Huron Lodge nursing home---wham, bam, hire a lawyer. Ok so Councillor "Gignac would not say whether the lawyer was hired to take legal action or whether he will simply advise the city on its options."

Studio 4's "sexy" sign---take them to court. Ok Ok, "The city has dropped what Coun. Caroline Postma said Thursday was a losing case against a west end strip club's outdoor sign."

Bridge Co. wants to operate the Detroit side of the tunnel---Hire Clifford Sutts. Let him fire off a letter to the DCTC to remind them that DCTC "is not authorized to represent the tunnel commission or city of Windsor without prior consultation." Wow, And Eddie was going to "discuss the legality of any proposed lease buyout with Sutts and later said "said Windsor is investigating the potential violation of antitrust laws." I bet that really shook up the Bridge Co. There's that darn letter again but to a party who was NOT doing the deal. Whew, I betcha that the Bridge Co. folks wondered what all that discussin' and investigatin' was all about too. Have you ever investigated a potential?

You read it---"Federal authorities say they support a hired consulant's "early action" plan recommendation to expand E.C. Row Expressway to six lanes from four and improve Huron Church Road north of the expressway leading to the bridge." Why "legal challenges could be launched by the city or residents groups to stop the plan." Then again, they could NOT be too!

Heck, when Eddie was first elected he talked about breaking the Canderel lease, you know the one where the City was paying $70,000 per month for two vacant floors in the Chrysler Canada building. "...the true intent of the agreement has been broken," said Mayor Eddie Francis. "In my view, the intent of the agreement was breached..." And you know what happened to that. Nothing other than the City had to enter into very cheap subleases to minimize the payouts several years and many hundreds of thousands of dollars later.

Go on Eddie, start the lawsuit. And in the Federal Court of Canada too so you will be in their playground too. Don't ya worry none. We'll be there to watch your back. We'll apply under Rule 109 to intervene:
  • 109. (1) The Court may, on motion, grant leave to any person to intervene in a proceeding.

    (2) Notice of a motion under subsection (1) shall

    (b) describe how the proposed intervener wishes to participate in the proceeding and how that participation will assist the determination of a factual or legal issue related to the proceeding.

    (3) In granting a motion under subsection (1), the Court shall give directions regarding

    (b) the role of the intervener, including costs, rights of appeal and any other matters relating to the procedure to be followed by the intervener.

Why we'll ask to be allowed to undertake Discovery of ya too, in case your lawyer forgets to ask key questions. And as for production of documents, why those thousands and thousands of pages that you could not release to me under my MFOIA application, I'll get them in the process too. I am sure that I will find things that are very relevant and helpful.

Heck, you'll make a great witness at trial. Don't worry. Those Perry Mason-type Feds' lawyers won't damage your Teflon finish. And if there are any nasty surprises, they won't stick to you. Why everyone knows that if something goes wrong, it's all Council's fault. The Council made you do it! I may ask one or two questions also just to help get the facts out. After all I passed the Bar Exams many, many years ago so I know how to play litigation lawyer too.

So come on, start the lawsuit Eddie. Don't threaten so much. Stephen and Dalton dare ya. And as for me, I double-dare ya