Shay says city hall will move to strike her lawsuit

Shay says city hall will move to strike her lawsuit

CORNWALL, Ontario – City hall appears set to file a court motion to strike a statement of claim from a Cornwall whistleblower, according to a news release.

Diane Shay, a former employee of the Glen-Stor-Dun Lodge said in a news release Wednesday night the city will file such a motion.

Councillors got an update on Shay’s lawsuit from municipal lawyers Monday night.

“Unfortunately at the taxpayers’ expense council has decided once again to attack the victim,” she said. “I have encourage them to do the right thing and settle with full disclosure out of respect for the vulnerable populations who look to caregivers/nurses to protect them in a time of crisis.”

Courts can agree to strike lawsuits for a variety of reasons, including vexatious or frivolous merits.

Shay filed a $425,000 lawsuit against the city last year after enduring harassment at the hands of municipal managers for blowing he lid off a case of suspected elder abuse.

“The road to the truth with council is (a) long one and if the only way to get them to follow the law requires a motion for full disclosure then I will follow the path they have chosen,” she said. “I do regret the vast financial burden this will and has had on the taxpayers but I have no a choice but to speak out for the vulnerable and all those who may or have been persecuted for simply following the law.”

City hall has not made a public statement on the Shay lawsuit in sometime. No one from the city made comments following Monday night’s in-camera meeting where lawyers provided an update.

If councillors opt for a trial, Shay and lawyer Fay Brunning will likely file a motion to obtain more documents out of city hall in advance of the court case.

Last year she said the city seemed to be dragging its heels in that regard.

“I’m still of that opinion,” she said Monday afternoon. “We want to get all the documents we’re requesting.”

Last year the previous city council discussed a settlement of as much as $250,000, but that talk fell apart following the 2014 municipal election.

The city pleaded guilty in 2011 to retaliating against Shay, who made a complaint on her own to the Ministry of Health and Long-Term Care about an incident at the lodge. As a result of her decision to go the ministry to file a complaint, which is mandated by law, the city began a campaign of abuse against her.

The city was fined $15,000, though specific charges against then city human resources manager Robert Menaugh were shelved.

Menaugh has since been relieved of his duties and replaced and then CAO Paul Fitzpatrick has retired.

Shay has complained that that isn’t enough. She wasn’t afforded the opportunity to read a victim-impact statement into the court record, which is now something that often takes place.

Shay’s lawsuit seeks $350,000 in aggravated and punitive damages, as well as $75,000 in special damages, plus legal costs.

– With Seaway News files.

Share this article