The Application for Judicial Review filed by Ward 3 Coun. Jay Fallis against the City and its Integrity Commissioner has been dismissed by the Divisional Court. Coun. Fallis has been ordered to pay legal costs of $7,500 to the City of Orillia.
The City of Orillia received the decision dated Oct. 12, 2022, from the Superior Court of Justice – Divisional Court. The three-member bench of Backhouse, King, Nishikawa JJ. unanimously decided in favour of the City on the two issues raised by Coun. Fallis in his application.
The cost to the City of Orillia to defend against the Application for Judicial Review was approximately $120,000.
The City defended against the Application for Judicial Review filed by Coun. Fallis as it undermines fundamental principles of law (section 223.2 of the Municipal Act) and governance (Council Code of Conduct and Council’s Legal Privilege).
Coun. Fallis filed an Application for Judicial Review after he was found to be in breach of Council’s Code of Conduct when he shared confidential documents with more than one lawyer without Council’s authority in 2021. Following a detailed investigation and report from Principles Integrity, Council unanimously decided to follow the recommendations of the Integrity Commissioner, which included a suspension of pay for a period of 45 days.