After months of waiting, Elliot Lake Coun. Ed Pearce has announced he is suing the City of Elliot Lake, the city's former Integrity Commissioner E4M of Sault Ste. Marie, as well as two lawyers and their associated firms for $35,000.
Filed in Small Claims Court, his lawsuit seeks $16,000 in court costs stemming from a legal battle that ended last year, when a Toronto court sided in Pearce's favour in a high-profile conflict-of-interest case.
The lawsuit also seeks $19,000 in punitive, aggravated and exemplary damages.
The latest refusal to pay his previous court costs came at a recent meeting of Elliot Lake City Council. Fellow councillors refused to pay Pearce's court award, arguing the money was due from E4M instead.
The lawsuit announcement came at Monday night's City Council meeting. The claim was filed by Elliot Lake lawyer Douglas Elliott's law firm, Cambridge LLP.
Pearce said he resents having to take this step.
The following is the full text of his statement:
I deeply regret that no one involved in the unsuccessful appeal was willing to take responsibility for actually paying the costs that had been agreed to be paid if I won the appeal.
I won that appeal resoundingly and I should have been paid my costs by someone without delay.
So far no one denies that I am entitled to be paid, but each person involved points the finger at someone else.
I have tried to resolve this without resorting to another court case, but I have been unsuccessful. As a result, I am forced to ask the courts who is responsible for paying me.
I resent being put to this further unnecessary expense, but the only alternative was to walk away from the costs awarded in my favour and to absorb the expense personally. I was not prepared to do that.
Neither I nor Mr. Elliott will have any further comment at this time.