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A4 - The Oakville Beaver, Wednesday December 17, 2003 W a y to ! R e s id e n t s a p p e a l f o r r e c o u n t (Continued from page A1) Spanish-only speaking mayoral candidate by the applicant have not been proven Ward 3 Councillor Chris Stoate asked Richard Sena who is currently in Peru, are before a court of law." Bain what would happen to the allegations also respondents to Burton's claim. It also noted that " the substance of the Council passed its motion in a 8-4 allegations in the court proceeding are not that have teen made public if they aren't recorded vote. defended. supported in the form of sworn evidence." Mulvale removed herself to the gallery Ward 6 Councillor Janice Wright asked The resolution continued, the `Town is Bain. " Have you ever heard of spectators during discus desirous of the matter being determined as of the phrase innocent until sion about the issue expeditiously as possible" and that the " Perception is more proven guiltyT' and added, Monday and then to her Town " was prepared for adjudication of " It says something about office during the confiden the matter in mid-January 2004" but that powerful than fact." the state of the community tial debate. She did not it's been the court that has set the March Oakvillegreen member and that's unfortunate." vote and handed the hearing date in order to receive all parties' Hank Rodenburg Bain said the Town has mayor's gavel to acting cases and cross-examine the evidence. no one. but itself to blame mayor and Ward 6 Bain said dragging things out for three for appearing that it has Councillor Tom Adams -- months will be detrimental to the Town. something to hide and asked who directed who has provided an affidavit as evidence She warned, "things will get out of hand" Town staff to hire outside legal defence, in Burton's claim. Adams said he has and asked that the Town Clerk and ask for a delay and oppose Burton's claim. received legal advice that Manager be relieved of Council has said very little publicly he has no pecuniary conflict duty. " Maybe it's not true, about the allegations because it's a matter in chairing the related Bain suggested Halton now before the courts. Council proceedings. but if we think it's true, Region's Clerk's office Monday, Mulvale said she is support could do a recount. Those who voted to then it's true. To me ive of the democratic process. " 1expected head to court were Ward 1 Sandelowsky asked and my neighbours it a recount, my only surprise was that it was Councillor Mike whether an independent not filed for at the earliest possible time Lansdown, Ward 2 looks like you're hiding body like the Province because I. too, would like this matter to be Councillors Cathy Duddeck should step in. something." dealt with as quickly, and as thoroughly and Fred Oliver. Ward 3 Bain did admit tW · Gardens O ff Drugs court is "in a good position and as completely as possible." Councillors Keith Bird and member Tanya Orton to look at the evidence." After more than two hours behind Chris Stoate. Ward 5 closed doors with Town lawyer Doug Councillors Marc Grant and " It's difficult from a Knoll. Ward 6 Gates. Council voted only five minutes Jeff Council perspective because we're not able to show our hand. before Monday's meeting drew to its Councillor Janice Wright. Those voting against were Ward 1 Other people have shown their hand or legally-mandated close, not to ask for a recount, but to have Toronto law firm Councillor Ralph Robinson. Ward 4 said something and if anything has been Weir-Foulds defend the Town against Councillors Renee Sandelowsky and damaging it's been damaging from the Allan Elgar and Ward 6 Councillor Tom perspective of people saying things that Burton's claim in open court, next March. have not been backed up." said Wright. Besides the Town, Mulvale, Town Adams. Oakvillegreen member Hank A lengthy preamble to Monday's Clerk Cathie Best who acted as the Town's Election Returning Officer and Council resolution noted "the allegations Rodenburg said. 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Halton Region lawyer Russ Brown also spoke to Council offering his advice on how to go about getting a manual recount. Though Council had met on Dec. 5 to discuss Burton's legal action, it met Monday to decide a course of action. The same report as appeared on Dec. 5 was up again Monday. When Lansdown questioned the repetition. Gates said the report was in the agenda to give the public an agenda item to speak to since all other related reports were confidential. In an attempt to convey her opinion to the public. Sandelowsky tried to put for ward a draft motion she assured wasn't confidential. Bird wanted legal advice before debating any motion, so Council moved behind closed doors and with lim ited time available when the public returned to ' the Council chamber. Sandelowsky's motion wasn't discussed. Yesterday, the Ward 4 councillor said she was loathe to make her draft motion pub lic in case confidentiality laws applied. save $ Kenmore easy-clean range Lift-top cooktop. Glass backguard and oven door. # 57208. Sears reg. 649.99.549.99 Also available in Bisque. Self-dean extral Town hires outside lawyer (Continued from page A1) anyone to appear on the Dec. 22 appear ance date that had been set. Corbett's endorsement indicated that the conference call was done at the court's request to establish a schedule for exchange of application materials and other steps prior to argument. Lawyer George Rust-D'Eye from the Toronto law firm Weir and Foulds, who handled the Town's billboard case, has been retained by the Town to handle this case. Burton filed an application with the court on Dec. 4 to overturn the Nov. 10 election results because of alleged improprieties in vote counting. Burton names as respondents the Corporation of the Town of Oakville, Mulvale, Town Clerk Cathie Best (who acted as the election returning officer) and the third mayoral candidate. Serra. According to his application. Burton is asking that the mayoral election be deemed invalid, that it be declared that Mulvale was not validly elected mayor and that he was, or that a by-election be held for the job of mayor. Burton also asks, " in the alternative" , that the court order the Town Clerk do a manual recount and that the Town pay Burton's court costs. In a recent media release, the Town stated that it had reviewed the action and that staff couldn't comment on cer tain issues since the information may be evidence. The Town has said it, and its staff, continue its daily work and that under election legislation, all decisions of the mayor and council have full legislative weight and authority. Look for on our products. It shows that the product meets the ENERGY STAR* guidelines for energy efficiency No Payments until January 2005, · only with your Sears Card, on approved credit. Minim um $200 purchase. $55 deferral fee and all applicable taxes and charges will be deferred. 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