Comment 33975

By Tammany (anonymous) | Posted September 21, 2009 at 15:46:06

You'll note that I'm also skeptical of the claim that council is "not allowed to exercise their oversight of the RFP process without incurring a lawsuit".

It's a good point you raise, though. Staff was providing advice to council, and council is simply providing advice to MMAH (who has the real executive decision making power). You can't be held liable for providing bad advice unless you owe a duty of care to the person you're advising (e.g. a lawyer owes a duty to provide sound legal advice to her client and can be sued in negligence if she fails in that regard). That sort of duty of care does not exist as between staff and council, nor between council and the Ministry. It certainly does not exist as between staff/council and the consortium, so again I fail to see where the liability stems from.

I don't want to say that the City Solicitor was outright wrong or negligent in advising the city, but I just don't as of yet understand how he came to the conclusion he did.

Permalink | Context

Events Calendar

There are no upcoming events right now.
Why not post one?

Recent Articles

Article Archives

Blog Archives

Site Tools