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COURT FILE NO.: CV-19-54

DATE: 2021/02/03

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

Rob Duncan

Self-represented Applicant

Applicant

• and -

Ken Hewitt

Terrence H. Hill for the Respondent

Respondent

HEARD at Cayuga: January 27, 2021

The Honourable Justice G.B. Gambacorta

REASONS FOR DECISION

OVERVIEW

[1] This is an Application under s.5(1) of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50 (“MCIA”). The Applicant, Mr. Duncan, a citizen of Haldimand County, alleges that Ken Hewitt the Mayor of Haldimand County, violated the MCIA during Haldimand County Council (“Council”) meetings on six (6) separate occasions spanning from April 2011 to December 2014. More specifically, Mr. Duncan alleges that Mr. Hewitt failed to disclose a direct or indirect pecuniary interest in business that was before Council on the dates in question. He asks the court to make a finding that Mr. Hewitt contravened the MCIA and to declare his seat as Mayor of Haldimand County vacant and to disqualify Mr. Hewitt from participating in municipal elections for a period of seven years.

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[2] Mr. Hewitt denies that he had any pecuniary interest in any matters before Council on the dates in question. He also argues that all but one of the alleged violations occurred outside the limitation period contained within the MCIA, and therefore that Mr. Duncan is statute barred from pursuing them.

[3] After hearing this Application, I reserved my decision to consider all of the material filed in support of the arguments made by the parties. This is my ruling.

FACTS

[4] Mr. Hewitt is the Mayor of Haldimand County. He was first elected in 2010 and is currently serving his third term as Mayor.

[5] Mr. Duncan is a private citizen who began researching a book about the corporation of Haldimand County in 2016. In 2019, while researching for his book, Mr. Duncan discovered alleged contraventions of the MCIA by Mr. Hewitt. He alleges that at six separate council meetings, Mr. Hewitt, as Mayor, failed to disclose conflicts of interest and pecuniary interests with respect to matters of business before Council involving the Caledonia Old Mill, amongst other things. Those dates are April 18, 2011, May 30, 2011, June 18, 2012, October 29, 2012, November 19, 2012 and December 19, 2014.

[6] By way of background, the Caledonia Old Mill (“the Mill”) is a historical landmark in Caledonia, Ontario. The Caledonia Old Mill Corporation (“COMC”) is a not-for-profit organization that sought to preserve the Mill. Preservation efforts were ultimately unsuccessful and the COMC property was sold to a private developer, Riverside Properties, but not before the six contraventions are alleged to have occurred.

[7] Mr. Duncan cites that the basis for his Application is the relationship between the Mayor and his stepfather, Ron Hewitt, who was serving as President of the Caledonia Old Mill Corporation (COMC) at the time business involving the COMC was before council.

[8] Mr. Duncan relies on Minutes of Council meetings for the Corporation of Haldimand County as evidence of the presence or absence of any declarations/disclosures of pecuniary interests made by Mr. Hewitt. He also relies on them as evidence of a pattern of conduct by Mr. Hewitt that demonstrates ongoing and undisclosed conflicts of interest.

[9] The Minutes of the Council meeting of April 18, 2011 indicate that no disclosures of pecuniary interests were made by anyone on council. At that meeting, Ron Hewitt presented delegation material and a report to Council regarding the reconstruction of the Caledonia Old Mill. This delegation material was received as information by the

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Council. Further, staff was directed to report back on the COMC’s request for support related to repairs to the Mill.

[10] The Minutes of the Council meeting of May 30, 2011 indicate that no disclosures of pecuniary interests were made by anyone on council. At this meeting the Mayor introduced a Motion re: COMC. He moved that the Council formally support the COMC group and the work done by the volunteers and authorize the Mayor to lobby for the organization, as well as to contact Provincial and Federal bodies as required to secure financial support for the rehabilitation and sustenance of the Mill. The motion was carried unanimously.

[11] The Minutes of the Council meeting of August 2, 2011 indicate that the Mayor declared a pecuniary interest with regards to delegation item #3 regarding inaccurate property assessments and the Douglas Creek Estate Land Issue because the delegate was a family member. The delegate/resident was Ron Hewitt. The Mayor was absent for the deliberation and adoption of a recommendation that saw