Buck's lawsuit against former Aurora councillors dismissed

Yorkregion.com
Sept. 17, 2015
By Teresa Latchford

It took more than five years for the Ontario Superior Court to come to a decision, but former Aurora councillor Evelyn Buck’s defamation lawsuit has been dismissed.

The decision was made Tuesday as Justice Mark Edwards handed down his 37-page written decision.

“While freedom of speech is a cherished right in a free and democratic society, there are reasonable limitations,” Edwards said in the document. “One of the provisions in the town code (of conduct) is a requirement that elected officials refrain from publicly criticizing town staff.”

The $5.25-million civil lawsuit, which involved former mayor Phyllis Morris and five councillors of the day - John Gallo, Wendy Gaertner, Evelina MacEachern, Stephen Granger and Al Wilson - stemmed from an advertisement entitled Statement From Town of Aurora Council.

The advertisement was published in The Banner and The Auroran in July 2009 and contained a statement from council about its review of Buck’s online blog entries.

Council filed a formal complaint against Buck due to the postings to then-integrity commissioner David Nitkin in July 2009. One day after his report of the incident was filed, his contract was terminated.

“The plaintiff chose to post what I consider criticism of senior town staff in a public fashion in her blog entries,” Edwards wrote. “It was not unreasonable on the part of the council defendants, acting in their capacity as elected town officials, to consider what course of conduct was appropriate and, in doing so, to retain the services of outside legal counsel to provide guidance in that regard.”

Edwards deemed the defendants’ response within the lines of the law and dismissed the case.

Buck and lawyer Kevin MacDonald were seeking $1 million for misfeasance in public office and abuse of power, conspiracy, intentional infliction of mental suffering, injurious falsehood, breach of confidence and breach of privacy and another $1 million for infringement or breach of Buck’s charter rights and freedoms, according to her 2009 statement of claim.

An additional $2 million was being sought for defamation, $1 million for punitive and $250,000 for aggravated damages.