Ontario Community Newspapers

Oakville Beaver, 14 Feb 2009, p. 7

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www.oakvillebeaver.com The Oakville Beaver Weekend, Saturday February 14, 2009 - 7 Town Council wants to take the sting out of SLAPP By Kim Arnott SPECIAL TO THE BEAVER Town councillors are urging the province to adopt legislation that would protect citizens from being sued for publicly voicing their objection to developments. Council recently voted unanimously in favour of a motion introduced by Ward 4 Councillor Al Elgar to support a private member's bill known as the Protection of Public Participation Act. By turning to lawsuits, developers with deep pock- ets are increasingly trying to intimidate public opposition, said Elgar. He believes legislation is needed to counter what has become known as SLAPP (Strategic Lawsuits Against Public Participation) litigation. "I really do feel that residents have a right to voice their opinions," said Elgar. The issue has received much public attention over the last year, following an attempt by an Ontario developer to recover $3.2 million in legal fees from a small residents' group that Workers not to blame Continued from page 6 most of the loss of Big Three market share in the same period. Fact: In 1999, Canada generated an auto trade surplus of $15 billion ­ our best ever. But with growing imports and falling exports, that surplus has evaporated. We slipped into deficit for the first time in 2006. The deficit reached $7 billion in 2007, and will double this year to over $12 billion. Fact: Since 1996, Canada's auto imports from Japan have grown 118 per cent. But our auto exports to Japan have declined 60 per cent. Our auto trade deficit with Japan equals $6.3 billion. For every dollar we export to Japan, we import $135. Fact: Since 1996, Canada's auto imports from Korea have grown 710 per cent. But our auto exports to Korea have declined 75 per cent. Our auto trade deficit with Korea equals $1.7 billion. For every dollar we export to Korea, we import $177. Fact: CAW members at the big Three make an average of about $35 per hour -- not $70 or more as is commonly reported in the media. CAW members in auto parts companies make less: an average of $24 (and often much lower). The media often reports "total labour cost" numbers as if they were actual wages. But in fact, "total labour costs" include all labour-related charges, including pensions, benefits, statutory rights, and even payroll taxes (like CPP and EI) paid to government. Fact: According to the US. Bureau of Labor Statistics, hourly labour costs for Canadian autoworkers are significantly lower than in Germany, Japan, and the U.S. Fact: Workers at Toyota and Honda's non-union facilities in Canada earn hourly wages, pensions, and other benefits virtually identical to those earned by CAW members at the Big Three. Fact: In its 2008 contract with the Big Three (now being implemented), the CAW negotiated cost savings that will total more than $300 million per year (once fully in place). So, let me ask if Clement is willing to make some personal sacrifices i.e. pay cuts to save this country (as your recent party's budget will show this country with a deficit) or would he rather attack and continually watch the manufacturing sector disappear, putting the tens of thousands of men and women, who built this country, out of work? opposed a development on Lake Simcoe. After winning an Ontario Municipal Board (OMB) hearing in 2007, the developer asked the board to force the group of 298 families, who made up the Innisfil District Association, to pay his legal costs. Last week, OMB member Jan Seaborn dismissed the request for costs, noting that "the claim is unprecedented and ... an award of costs anywhere near the amount requested would create a chilling effect." She added that the residents and their lawyers had not put forward an unreasonable, frivolous or vexatious case. Despite the win for the residents, Elgar noted that the families involved had to live with the threat of the massive lawsuit for over a year. He added that seeking costs from citizens has the effect of creating an "opposition chill" even if the lawsuit isn't ultimately successful. Oakville citizens have also expressed concerns to him about generalized threats around issues of costs relating to OMB hearings, he added. The private member's bill was introduced by Hamilton MPP Andrea Horwath, who is running for leadership of the NDP. She wants SLAPP suits to be dismissed at an early stage and for defendants to be indemnified for costs incurred. The bill would also stop governments and tribunals from moving forward with the planning process where SLAPP tactics exist. "Ontario could be the birthplace of North America's most effective anti-SLAPP legislation," Horwath said, in a press release. "When individuals and groups can be sued for millions of dollars simply because they take a stand against unwanted developments in their communities, some- thing is terribly wrong." Elgar said he believes developers already have adequate protection against citizens making false claims or libelous statements. What's keeping you from having your dream kitchen? Discover the convenience. Experience the trust. Glen Oaks provides everything you need for final arrangements... with a Chapel, Reception Rooms, Crematorium and mature Cemetery - all at one location! At your time of need, or when planning ahead, rely on our trusted specialists. Consider these time, mess & cost saving options... a. Renew your cabinets with our unique "Tune-up". Our exclusive process restores and repairs the original finish on wood cabinets to 90-95%. 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