Whitby Free Press, 15 Jun 1994, p. 8

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page e, Whitby Free Press, Wednesday. June 15m19 whuty'Dsiees Mercant~etswaring from DBIA Iawyer M tiMchant s Us onvilro of f Ie sI d By Mike Kowalski Dundae Street East hobby Area (DBIA).i A local merchant han been shop owner Paul Savage received The warning from DBIA solici-i warned of possible legal action the warning after making in- tor Alan McMâckin was issued ini for questioning the eligibility of quiries about two members of the reeponse to letters Savage wrote two dîrectors of Whitby's down- management board of the Down- in connection with board chair tewn business association. town Business Improvement Sean Hogue and directer David Johann. Aithougli circum stances were different in the two cases, You %.n nt us y u McMackin said SavagSe's only motive was te remove Houe and child's care to W atch, But Savage, a feun rtco the DBIA, denies this was bis intention and tbat lie had only been eeeking nfration that 4: lie, as a DBIA member, le enti- 41, tled to know. Savage, in fact, says be will apologize if lie udefamed" eitber man as McMackin's letter in- sinuates. In letters to Liberty Mutual (Hgu'.emloer) and Mayor Tom Edwarde (concernîng Johann), Savage eaid both men may bave been ineligibie te sit on he BIA board, based on hie knowledge of the rules used te bhoose board members. Until he received an explana- tion from Liberty Mutual and the at a Town, Savage chaiienged Reliable, supervised day care a Hogues and Johann's riglit te be homein o nighburhod.on the board. homein ur nighourhod.While content te wait for " Sale, comfortable e Reliable focal back-up for Libert Mutual te confirm that envronens Povder hlidysor iliness Hogue s actions as board chair envronent Pr vders hlidysare done withth insurance com- " Stimulating daily a Comnplet& insurance pany's blessinge, Savage was not programs coverage prepared te wait in Johann's case. " Trained, pro fessional e Incarne tax receipts In his letter te Edwarde Pro viders supplied Savage said Johann'e financia "Monthly home inspections probleme earlier this year xnay h ave precluded him from serv- and, we welcome full or part-time care Lhann's audio equipment for children from 6 weeks of age!, store went in orc iveehpin February ad reopened at ______________another location in March. Forinor aiio Savage felt Johann ehouid stop down until Town offliciais deter- cal!:VW~ ~mined hie eiigibility according te j provincial rules governing bank- _______________ & va e was subsequentl in- prim tey formed that Johann je quaiffied a icensed Agency Ciete ho a board member. But as McMackin states in hie letter te Savage, the latter only ________________________________________ had one purpose in mind. "It le clear from the contente of your letters, your obective je te force Mr. Hogue and r. Johann from sitting on the Board of D ra ieDirecters,» states McMackin. "I have advised Mr. Hogue and Mr. Johann that they h ave a interference with economic inter- in , este and defamation respec- tiveiy » he states. Savag tha anyfuture corres- e t podenceconcerning the DBIA 858 rockSt.Nort, Whtby"Assuming it represents posit- (in he Mcs Mlk Paza)ive and constructive input to the operation and objectives of the appropriate action," states New atiets t Mclackin. "laegovern yourseif accord- Famiy Detisty VCý~ackin, whose coste wihl h In Aditionpaid by the Town, declined te comment on the letter. Weofer . . aetso To Our Regular ~"ît's accurate, (but) I'm not dentstryforaduls 19 Mo. & ed.prepared te diseuse my client's Eveningsaffaire," lie said. an cilre icldig veinsWe Now Edwards also did not want te luhn a.À Have Tuesday elaborate on the matter. 1 ý.- - Ç:v-nini-qUAlI I know je that Mr. Savage is deemed ineligibie if he/she "lu an undiscbargea bankrupt or in- solvent withfin the mneaning of any bankrup&tcy or insoivency Act in force in Ontario » Town cierk Don McKay toid The Free Press that based on legal advice, the municipaiity je satisfied that Johann meete «al the qualifications." Jobann is not considered an uundiscbarged bankrupt" in the Town's view, McKay said. Althougb he preferred te «"Put it in the past,» Houe said Liberty Mutuai bad no choice but to seek legal advice after receiv- ing Savage's ietters. MHe wroto to my contract car- rier and asked them te look into matters that couid be legal,» said Hogue. "if you were .concerned that yro might be liable, you muet bave a legai opinion,» he said. Ainong hie requeste of Liberty Mutuai, Savage wae eeeking ac- knowiedgment frorn the company that Hogue had permission te represent it on DBA matters. I f gote the company was hiable for Houe's actions with respect to an ystation that Savage judged L «"interfrewith hie business. Referring te, a DBIA Eastter prMotion that le was fored te honour deepite his objections, Savage deînanded an immediate retraction and apoiogy from Liberty Mutual» for -Houe's endorsement of the promotion. (A spokesperson in Liberty HENRY STREET High Sohool student Ryan Newport holds the logo he designed for the Oshawa Chamber of Commerce's Corporate Challenge. The chamber gave him $50 for his winning design. Pht yMr Reesor Whhby Fee Press that whiie Hogue is their employee bis involvment with the DIA is strictiy of his own choosing. (Savages letters were referred to the companyPs lawyers, the officiai said.) Toid that Savage feels he did nothing wrong, Roue advised hlm to ure-asseswhat he has wrritteTl.» Hogue was also ernphatic that McMackin's letter is not simply a means of muzziing a DBIA critic. «AJsoluteIy not," he said. "As long as he coTrnes up with positive criticismi we're prepared to listen. "But he should address the board. Why drag some third party into itr- For his part, Savage is pre- pared to admit hedidà wrong, provided someone shows hlm the error of hie wayse. "I have nothing against Mr. Homie," said Savage. "4f he feels I have written or said anything derortmrY I wili apoloize, but I do think I haveb he said. Savage bas not soughtie1a1 advice, nor does he intend tobIe said. Admitting that he would prefer not to be a DBIA member, Savage ciaimed the hoard'. own actions force hlm bto frequentiy write letters on different euh- jects. a

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