Mayor seeks court judgement against Nishikawa

The Mayor of Muskoka Lakes claims a member of his council has breached the municipal Conflict of Interest Act and he’s now seeking a court judgement in the matter.

Muskoka News Watch has obtained papers filed at the Bracebridge courthouse which show Mayor Don Furniss has launched a civil proceeding against Councillor Ruth Nishikawa.

According to the Mayor’s affidavit, Nishikawa’s conduct at a September 16th council meeting during council discussions about whether she should pay costs after being found guilty of defaming former councillor Ron Brent, was in conflict with Section 5 of the Municipal Conflict of Interest Act.

The affidavit, filed by MacDonald Law on Friday, reads, in part: “Prior to consideration of the resolution on September 16, 2016, the Respondent was cautioned by the Clerk of the Township of Muskoka Lakes Cheryl Mortimer that she should consider whether or not she had a conflict of interest. The Respondent refused to declare a conflict of interest and took part in the discussion with respect to the resolution (in breach of section 5 (1) (b)). She continued to sit at the council table, but abstained from voting. By abstaining, by operation of the rules of Council, her vote was recorded as a “No” vote, such that abstaining deliberately constituted a “No” vote, contrary to section 5 (1) (b) and (c).”

The matter is slated to be heard in the Superior Court of Justice on December 12th.

Related Links: 

Breaking News: Muskoka District Councillor found guilty of defamation

Fellow councilors order Nishikawa to pay part of defamation judgment

 

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