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Humane society threatens to shut down shelter Irene Armstrong and Lynn Vautour, Whitby Humane Society staff pose with homeless friends Dut- chess and Curly. The women, and their co-workers, may soon be out of a job as the Ontario Humane Society is threatening to close down its local operation Dec. 31 of this year. Free Press Staff Photo By SUSAN LESJAK Free Press Staff The Whitby Animal Shelter on Thickson Road may be closed down January 1, 1986, if the Ontario Humane Society carries out its threat to withdraw its services from the Whit- by, Ajax, Pickering area. In a press release delivered to the Free Press Monday, the humane society said it would be forced to cease its animal control ser- vices to the three municipalities since the town council were "not prepared to provide the funds necessary to meet the society's operating costs." The primary increase in operating expenses is attributed to labor costs resulting from the recent wage hike negotiating by CUPE kennel staff. According to Whitby councillor Ross Batten, chairman of the Pickering-Ajax-Whitby animal control commit- tee, the OHS informed the town last summer that it would be asking $243,000 for next year's services. The sum is 48 percent above the $164,400 it received for services this year. The town is offering an increase of only 11.4 percent. "We feel that this is more than adequate," said Batten, adding the he doubted the three councils would be willing to go any higher. The humane society has been providing animal control to Whit- by for about 15 years. In the past three to four years, it has agreed to continue providing ser- vices at an annual fee increase of 5 percent. This is not the first time, however, that the humane society's president, Tom Hughes, has threatened to shut down operations. "He's been threatening us and using every kind of pressure tactics available to get more money since we first started purchasing ser- vices years ago," said mayor Bob Attersley. This time, however, Batten thinks Hughes may be serious. After negotiating with the society since last sum- mer and still failing to- reach an agreement, he and his committee are readying themselves to SEE PG. 35 Province stalls on extra seat Vol. 15,No.50 Wednesday, Decenber 11,. 1985 36 Pages, Liability trends carry heavy cost The sky-rocketing cost of municipal liability insurance is not a fait accompli, accor- ding to one expert and, although communities like Whitby may have no control over legislation dictating the kind of liability awards being meted out in Canadian courts, they can take steps to try and reduce the likelyhood that they will find them- selves on the loosing end of a multi-million dollar suit. In fact, according to John Clark, Vice President of Whitby's insurer Frank Cowan Company, unless such steps are taken, municipalities may find themselves unable to purchase liability _ in- surance in the future. However, until changes are made in the legislation which has paved the way for the astronomical suits, premium hikes such as the 266 percent increase Whitby will have to pay next year will not be reduced significantly and municipalities may even have to cut back their services. "Some kind of steps are going to have to be taken to modify the existing legislation. Municipalities have so many services to provide and if these awards continue those services may have to be restricted," said Mr. Clark. Interestingly although Mr. Clark said his com- pany is asking municipalities to initiate a comprehen- sive in-house review of all potential liabilities and has suggestions as to how they might 'be avoided, Mayor Bob At- tersley said no such communication has ac- companied the news that they must pay $164,548 for insurance next year - up from $62,319 in 1985. "We're prepared to do anything we can to reduce our liability but I wonder why Cowan hasn't sent us anything..." said Mayor Attersley. The town has always been on the look-out for problem areas where it can reduce its liability, he continued, but the legislation makes it dif- ficult for the town because it's so vague. Mayor Attersley laid the blame at the door of the legal profession which he said bas a vested interest in the multi-million dollar awards. "Lawyers take a cer- tain percentage of these awards - it's a rake-off. The bigger the set- t: th f th Frank Cowan Com- pany is suggesting that it's clients set up com- mittees made up of all department heads to study the liability problem. "The idea is that if each department head takes the time to iden- tify any exposure they might have to liability and presents these to council, they will develop a greater awareness of their liability and they can try to minimize it,' said Mr. Clark. The company further suggests that all publie property that might present some form of hazzard be posted with no trespassing signs and that the local police be asked to patrol the areas to ensure that the signs are being obser- ved. Where people aren't observing the warnings, the insurance company advises municipalities to prosecute. Whenever a municipality rents out its facilities to any group there should be a written agreement with disclaimers that clearly establish that the bur- den of responsibility for responsibility for their own actions he added. All community organizations using publie property should have full liability coverage, said Mr. Clark, because where an organization is found to share liability with the municipality and is not properly covered, the courts can assign the entire penalty against the municipality. Mr. Clark said low risk organizations would have little trouble picking up full liability coverage and other organizations such as minor hockey could purchase affordable coverage if al members sign waivers that clearly identify in- dividual responsibility for any resulting in- juries. Without such measures, Mr. Clark said it is conceivable that municipalities will have trouble finding a company who will in- sure them against liability. Infact, he said there are cases now in the United States where municipalities have no liability coverage. In they might have toNor h out of the North American market because their losses are o great and they con- trol 70 percent of the world market." By SUSAN LESJAK Free Press Staff Whitby and Ajax will likely have to wait until next year to get their additional seats on regional council. The provincial bill, which would bring the two towns' representation at Durham Region in line with their population growth, was slated for approval in mid- December. According to Durham West MPP George Ashe, however, the item has been -moved down on the or- der papers again." "The bill has always been low on the totem pole for the Liberal government," said Ashe. While it should have been called last July - to allow the seat to be filled in the Novem- ber elections - the an- nouncement of the bill's imminent passage did not come until October on the day the municipal elections closed. The timing angered Ashe and Whitby coun- cillors. By passing the bill without giving suf- ficient notification to the affected municipalities, the province threatened the effectiveness of local government, West Ward councillor Joe Bugeili argued. (The addition of a third regional councillor would bring the number of council members from seven to eight, thereby increasing the likelihood of tie votes and necessitating a total restructuring of the town's committee system.) SEE PG. 3 lement from the judge, liability lies with the one instance, an Arizona he more there is in it group who is using the community had to turn or the lawyers," said facility and not with the -over a parcel of public he Mayor. municipality, according land to a claimant after to Mr. Claçjc. Whether it had been found liable While municipalities or not such a disclaimer in the courts. wait orchagistin Mn.hewolda st ti ct is o"This isasious MPatrick Houston, 2, got a taste of the Yuletide this weekend at the current legislation Mr. secondary to the fact problem," said Mr. town's Olde Tyme Christmas party last Sunday. Clark said they are that all groups using Clark. "It has gotten so For more pics of Whitby's "warming up" to the Christmas season, see going to have to initiate municipal facilities are bad that this year p e 25 measures of their own. encouraged to assume Lloyds of London said pag \' -'.,~ "4 u.-f jr. vr;, àr À. E; E', IH à'