PAGE 2, WEDNESDAY SEPTEMBER 22, 1982, WHITI3Y FREE PRESS Mayor' s company faces $7809OOO libel suit. over, contract A company wholly owned by Whitby Mayor Bob Attersley is beipg sued by a competitor for libel and slander to the tune 'of $780,000, the Whitby Free Press has learned. The suit is being laun- ched by J & M Tire, Limited of Oshawa, af- ter what they, daim were defamatory state- ments were made by an employee of Attersley Tire Service Limited af- ter winning a tire con- tract from the Town of Newcastle. Also içamed in J & M Tire's statement of dlaim is John P. McMil- ian of Spry Ave.,~ Bowmanville. Their suit revolves around a letter wrltten by McMillan to New- castie Mayor Garnet Rickard on January 14 of this year, and a, story that appeared a few weeks later in the, Oshawa Times. 'the letter concerns recommendations made to Newcastle, Town Council on a regional co- operative tender for the supply, retreading and repair of tires. In that letter,, Mc- Millan asked several questions concerning the process b which Newcastle's treasurer made her recommenda- tions to council., McMiIlan said in the letter Newcastle was quoted "a preposterous 60 per cent surcharge by J & M Tire Limhited .... over prices, evidently available un- der the co-p tender (which is also held by J & MTire! )."' SHe also indicated that there was $7,000 "of dis- crepant billing paid to, J & M Tire Limited in a ten-monith period in, 1980."1 In concluding his let-ý ter,1 McMilan asked: "What action has been taken by the town to recover the overcharges from J & M Tire Limit- ed, as recommended by the auditors? Why should our municipality continue to support J & M Tire Limited after being bilked by, them to the tune of $7,000? " MeMillan was also quoted in a February, 1982 issue of the Oshawa Times as saying: "J & M's tender showed dif- ferences as remarka.ble as 30 o r 40-per cent.-Now you tell me, how can business afford to seil at 30 per cent below cost? " In^ their statement of claim, J & M Tire said they were accused of having "fraudulently overcharged the Town of--Newcastle on pur- chases made by the Town of Newcastle." Also they have been accused of having "charged the Town of Newcastle for work and materials whieh were not provided' to the Town of Newcastle" as well, as having 1"fraudu- lently tendered for con- tracts with the Town of Newcastle." J & M is seeking $200,000 in damages for conspiracy to injure his reputation; $150,000 for Members of the Dur- ham Board of Education are considering giving- themselves a 39 per cent salary increase. And Whitby Trustee Ian Brown seems to be going along. with- the idea. The proposal would see trustee salaries go from 'théir, current $7,200 a year . to about libel they allege is con- tained in the letter to Rickard; general dam- ages for libel, $150,000; general damages for siander, : $150,000; another $30,000 for slan- der; punitive damages of $100,000; and, costs. While Mayor Bob At- tersley would not make any specific comment on the suit, he did say it was in the hands of his company's. insurance $12,000 in 1985. ,Pointing out that each year's increase will be about $1',1600 Brown said it is "erroneous to look at it as a percentage.... look at it in fixed dollar amounts. " The trustee also poin- ts out that salaries from sehool board trustees bave been frozen since 1974 by the -provincial W HITBYHOME BAKERY& e~ei COFFEES-HOP or eiete%% roofExcept Fridays 8:30 ar.- 7 p.m. We hope these new hours will better serve you the shopping public in downtown Whitby. ______ - '"~'Vitit us end try somotliing doliciouily difforont. * ~ >'> 141 Brook St. S. 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Co» ine Rige Cable TV 301 Marwood Drive, Oshawa Mon.- Fni 9 a.m ta 5 p.m. company and its solici- tors. He, however, admnits to being, the president and sole owner of Atter- sley Tire Service Limited. Both sides were to have appeared in the Supreme Court 0 f On- tario on Monday. At press time, it was not known when the matter woulci go to trial. government. He- also pointed. out th at Durhmi is the eighth largest board'in Ontario and the l2th, largest board in Canada and manages a- yearly bud- get of about $120 million. Brown says that the public should, "pay the people who are manag-' ing that budget accord- ingly." "We are proposing a salary that the public should be paying to these people," hie added. In fact,- Brown, believes he is under- paid. 'II think I'm worth' more than I'm getting paid." He also. says, that trustees are paid simi- larly to local councillors while performing re- gional duties as do members of Durham Regional Council. Members of regionalý council .are currenitly paid about $13,000 a Berow says that he spends about 20 hours -a week on trustee business and attends al board and committee meetings. 'II attend ail meet- ings," he said, -"I'mn thoroughly prepared at ail meetings." "The job, if done pro-, perly, can be very diffi- cuit, " he continued -add- ing, "There should be. some financial compen- sation." The board is expected' to make some kind of decision on the issue before the November 8 municipal election. à Shop-f li8f ting A Whitby woman bas been charged after security personnel at the Woolco Department Store arrested a shop- lifting suspect. According to a spokes- man for the Durham Regional Police' Force,< store security noticed a person taking several items out of the Whitby - Maîl outlet late in the af- ternoon on September 14. The items - including a record, a casse tte tape, a shirt and a bottle of Anacin - were valued> Brown. says tru stee s des erve pay hike'