Whitehorse Daily Star

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Pictured Above: Bev Buckway

Deal's cost to taxpapers will remain confidential

Details surrounding the use of public money to reach the out-of-court settlement in the Takhini North infrastructure dispute will remain secret.

By Chuck Tobin on October 5, 2009

Details surrounding the use of public money to reach the out-of-court settlement in the Takhini North infrastructure dispute will remain secret.

Mayor Bev Buckway said this morning a request to remove the confidentiality requirement went out to the three parties last week, but no agreement on the question was reached.

Buckway declined to identify which party or parties refused to make the details public, citing the requirement for confidentiality.

The agreement was signed by the city, the Takhini North Residents' Association, and the Alberta Lawyers Legal Association.

It was Coun. Doug Graham who requested during last Monday's regular council meeting that the city seek a removal of the confidentially clause, as the settlement involves the use of public money.

Therefore, he told his colleagues, taxpayers have the right to know what the deal entails.

The city has spent $44,760 on legal fees to early September, with invoices still outstanding for the month of September, when the agreement was reached, city manager Dennis Shewfelt said last week.

Seventy-three residents of Takhini North sued the city, and named a couple of local lawyers in the process, for not ensuring duplexes in the neighbourhood were up to required standards before the federal government was allowed to sell them to a local company in the late 1990s.

The private company then sold off the units individually, though water services to each unit did not meet city standards.

As the city planned for the Takhini North upgrade, it moved ahead with plans to charge local residents the entire cost of bringing the water services up to standard.

Many Takhini residents, however, suggested they were not aware of the substandard water services when they bought their homes.

They also argued the city had a duty to make sure the services were up to those standards before it permitted Ottawa to sell to the properties, just as it had done in Takhini East and Valleyview.

When lawyers are named in legal actions, they are often defended by legal associations they pay insurance to – in this case, the Alberta lawyer's association.

Buckway said the inclusion of a confidentiality clause is standard when parties enter into mediation, and that's what happened in this case.

Takhini resident Patricia Cunning, who had launched her own private action against the city, would only say last week that the residents never felt any need for a confidentiality clause.

Comments (6)

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Jack Malone on Oct 7, 2009 at 10:13 am

As I posted previously, I would like to know the justification for the COW's willingness to use taxpayers' monies to settle this matter. Who knows how much the COW is agreeing to contribute to the settlement? But why should the COW contribute anything in the absence of a finding by a court that there is liability on the part of the COW? I see the TN residents as a bunch of free-loaders who want us to bail them out - the original purchasers knew what they were buying. Contrary to the views of some - no court has found any liability on the part of the COW. What a mess. But aren't the COW's solicitors the past partners of the lawyers who bought and flipped the TN properties (Preston, Leech, King et al) . We need some answers.

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jeff C on Oct 7, 2009 at 8:00 am

Na na na na hey hey hey good bye

Mayor and council, you are just confirming with us voters that you are not the ones we need or trust in office. The election cant come soon enough

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Jan D on Oct 7, 2009 at 3:30 am

Some quick math. There are 74 properties in Takhini North. Some were facing bills in the neighbourhood of $25,000. Let's conservatively assume the city settled for about a third of that or $8300/property. That amounts to $614,200. This in addition to the projected half million deficit.

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Anthony on Oct 6, 2009 at 10:34 am

Do these imbeciles on council realize that the info will be public as soon as they have to vote it into the budget?

Obviously it is COW is withholding the data in fear of getting punished by voters.

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Wayne Campbell on Oct 5, 2009 at 9:11 am

Oh,man. What a bunch of amateurs the mayor and council are, along with their over paid staff. They've been manipulated by the lawyers who bought these houses, and flipped them. They have to be the ones demanding secrecy. Oh, and wasn't that money used for the settlement the taxpayer's? Good grief.

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michelle connel on Oct 5, 2009 at 8:29 am

I believe the city wanted it hush hush, oh well, more reasons to vote them out and bring on the new council

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