Fay Brunning One – Super Lawyer McDowell and team ZERO – Deputy Fire Chief Rob Hickley Waits until July 16th to Fight Again

Cornwall Ontario Deputy Fire Chief Rob Hickley

CFN – In a true David and Goliath case Deputy Fire Chief Rob Hickley stood stoically awaiting for the proceedings to commence at the Court house in Cornwall Ontario.

With the words “My name is Fay Brunning”  the hearing commenced.

To be decided was whether Superior Court of Ontario Justice, The Honourable John M. Johnston of Brockville would allow the City of Cornwall’s two lawyers and the Mayors lawyer (the city still has not confirmed if it’s either paying for the mayor’s lawyer or reimbursing Mr. Cameron) to squash his appeal to have his legal expenses paid by the city or have them squashed as the nearly $2,000 per hour of firepower being thrown at him were attempting to do.

For the day Ms Fay Brunning was representing him for this motion pro bono unless the courts decided to cover cost.  She vented some frustration over the city not providing any defence or evidence as Super Lawyer Will McDowell pressed to cross examine Mr. Hickley over finances.

Mr. McDowell came on full force(with a supporting lawyer in tow)  even suggesting that Ms Brunning was Grand Standing at one point although it looked a bit more like he was the one doing the performing.

Surely it will be a long drive back to Toronto for him at the city’s expense.

There was some chatter about sealing Mr. Hickley’s documents, but Judge Johnson was clear that we media should be consulted prior to any such decision.   Apparently CFN publishing certain excerpts caused some commotion as the records were supposed to be sealed by the court yet we were given all the files at the counter.  LINK

Mr. McDowell casually suggested a change of venue as well which the good judge ruled out which I’m sure was music to the ears of the near capacity crowd that came out mostly in support of the Deputy Fire Chief.

When Ms Brunning offered a late affidavit presentation that was rejected by the other side she posited that Mr. Hickley’s costs be covered for any delay which seemed to trip up Mr.McDowell who is sitting in for city litigator David Sherriff-Scott.

Ms Brunning also shared that the city was refusing in Freedom of Information request by Mr. Hickley to provide how much it has spent in legal fees to date suggesting that it needed 30 more days to tender any information and how much it would cost to provide it.

One person I was speaking with was outraged that here was a city, instead of supporting one of its hundreds of employees who is alleged to have been abused by the CAO and forced to resort to Whistleblowing,  was cowardly hiding away at a training session and having their lawyers try and hide the abuse that has triggered at least two whistleblowing lawsuits with rumors of more to come out.

The only politician present was former councilor Leslie O’Shaughnessy who himself resigned from council after being fed up of lies and lack of accountability by the Mayor and his team.

The next court date is July 16, 2013 as round two, and we haven’t even started the trial yet that led one person to point out that this could run right into the next municipal election.  Hopefully Mr. Hickley isn’t harassed while awaiting his next court date.

The big losers of course are the tax payers of the city of Cornwall who in addition to footing the bill for this scandal also have to endure the good reputation of our city being further muddied by this conflicted Mayor and his cabal of councilors and city managers that have stood by, even if in fear, and watched this all happen.

We will be updating this story.  In the meanwhile what do you think Cornwall?  You can post your comment below.

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  1. So was there any decisions or rulings other than to set another court date?

  2. Author

    That was a ruling in and of itself.

  3. Still nothing at Standard Freeholder website..guess they have to check with either claude mac in toss or the mayor before publishing

  4. Was so happy when Fay Brunning was running circles around this so called super lawyer,even Judge Johnson appeared snarky with him on two occasions for his grandstanding

  5. Delay and more Delay just what we should have expected from our honorable or less than honorable Mayor ( depending on how you judge him to be ) and that group no doubt ordered to hide
    out and away from the proceedings at a quickly called Super meeting . JUDGEMENT TIME WILL COME .
    Jamie = Like the picture / nice to see a great picture of an honest

  6. I was thinking about Mr. Hinkley today and I said I have to come and see if Jamie posted anything. I am so glad that Leslie O’Shaughnessey showed up and that showed support. Leslie O’Shaughnessey has gone through his own hell as well and I hope that he too testifies about what he went through.

    I pray to God that Bare Ass is kicked out as soon as possible. Bare Ass is bankrupting Fossoli something awful and I warned everyone that the “tax mahal” that you call a Benson Centre is going to cost you all mighty deeply to your pockets. That place “tax mahal” should come down for good.

  7. Jamie, very good recap of this mornings proceedings ! David & Goliath, is an excellent comparasion , for this case. It is extremely obvious, that the cities position is to obstruct, delay & force Deputy Hickley into submission ? The last thing this Council wants, is to see Deputy Hickley with legal council ? Foolish moi, this isn’t Syria, supposedly we have whistle-blower laws ? Not one, of our elected Council members have yet to speak up, to support Deputy Hickley in his request for legal representation ? On a personal observation, I thought that Ms. Clement, being a lawyer, would have been sympathetic to Deputy Hickley’s plight ? I guess when the Mayor lays down the law, all the little puppies, just fall in to place ? Truly disappointing ! Drug dealers are provided with legal representation within 20 minutes of their arrest . Doesn’t seem very fair does it ?
    Most people with a conscience, really & truly get upset, when they see, a person in a under-dog position, being ganged-up on, by the very much stronger foe. This is far from over !

  8. All of this only proves that in the last 2 years each member of council lied to us people by stating they were for us. Not a single one will get my vote next election, not one. Even Rivette has been quiet on this one. I am still dumbfounded that none of this has hit national attention.

    I am sure the Mayor and Fitzy boy were both out back at St. Huberts with that pretty lady on youtube instead of being in court.

  9. Dear Jamie….are YOU sure this happened today…the Freeholder has NOTHING
    Second…how many bluster points is Mr McIntosh going to get for attacking you at coffee break tonight???
    Free beer at the local watering hole like the guy in cleveland who got free burgers for life…just like Kramer on Seinfeld..free coffee for life after burning himself..LOL

    admin May 24, 2013 at 1:59 pm

    That was a ruling in and of itself.

  10. Well written article, Jamie. Does anyone know what the late affidavit contained to be so rejected by the other side? Did the judge accept it into evidence? What is meant by the other side wanting to cross-examine Mr. Hickley on his finances? Do they actually have that right? A friend who attended today, said that Mr. McDowell actually made some flip comment to the effect that he was a firefighter for 36 years and that it wasn’t up to the City to continue his lifestyle into his retirement. Could not the same train of thought be applied to the Mayor, Council, Fitzpatrick, etc.? That line seems to say that until he is drained of all monies, he has no right to ask for legal fees to be covered. If the Mayor and Council didn’t have our pockets to so irresponsibly draw from for all these legal fees, I wonder how quickly this and other cases would be resolved. Sweet Jesus, enough is enough.
    They have to quit harassing and bullying the whistleblowers, whether through lawyers or the simple fact of their silence and inaction.

  11. Author

    pizoli I’m still trying to digest what transpired and how messed up some of the people of this city’s value system is…

  12. Jamie…Thanks for keeping us up to date with this story. Let’s all hope this judge ackknowledges the issues before him. The corruption in this city must stop. I believe it lies in his hands for now while “BOBBY BOY” lies in someones bed!

    Now for your comment Jules…I most of the time respect what you say…but please hear this…Your so called Tax Mahal comments must stop. I have coached hockey for many years. When you have children trying to play a sport they love and the roof is leaking, walls are frosted, or outdoor games are cancelled because of mother nature, it no longer becomes fun for the children. We all try to promote good health and physical activity, but yet you don’t think this city needed a new sports facility. Maybe you’re thinking too much about “BOBBY BOY” and you should think of the children that may some day run this city. If they ever read some of your comments, they may become corrupt just like what we have in there now! Think about it dear!

  13. This entire David and Goliath issue brings to mind a 1998 movie entitled A Civil Action, where John Travolta’s character (a lawyer) says: “The whole idea of a lawsuit is to settle, to compel the other side to settle. And you do that by spending more money than you should, and whoever comes to their senses first, loses”.

    The Justice system in Canada is a lumbering archaic behemoth that is known for moving about as fast as a continental shift. Lawyers are payed by the hour, not the case, therefore they are not compelled to end this issue in an expeditious manner, so unless Mr. Hickley’s motion is granted and his legal costs are covered by the municipality (read taxpayers), then I fear he is doomed to be ground down by the seemingly bottomless barrel of bucks that the mayor and council have access to (read taxpayer dollars).

    Two years to run its course may be optimistic, unless the City once again “throws in the towel” (read convicted) as it did previously with the other whistleblower case. I do not envy Mr. Hickley’s situation and wish him well.

    To the taxpayers of Cornwall I say this – keep in mind what the councillors and mayor did and said during this situation (and previous situations) and remember it well when it comes time to vote.

  14. Cornwall Hockey I do think about the children and everyone else and that is why I fought at my end here to keep Lamoureux Park and others from being taken over by developers to feather their pockets.

    Now about arenas nobody needs a professional 3 pad arena to play hockey especially not for amateurs and children. I well agree with you and others about leaking roofs and mold which happened to myself both in Cornwall as well as right here in Ottawa. Like I said you do not need a “tax mahal” that is a professional 3 pad arena at all and at the tax payers expense. You all have a beautiful arena on Water Street the Civic Complex is the one that I am talking about and there is no leaking roof or anything and the building is in top shape. I know because that is one of the places I go to when I stop off in Cornwall and the place is vacant except for the very old people walking around in circles inside. These are things that I am trying to get across to all of you.

    Cornwall Hockey it is going to come a time where people will not be able to go to hockey games, etc. the way the economy is going and many of you will think that I fell on my head but not so it is going to come a time that nobody will be able to afford even a ticket to go to the movies, etc. and will have a very hard time just putting food on the table let alone paying rent and things like that. This is no joke since I follow the world’s economy very well and I keep trying to tell all of you to be mighty careful and that Bare Ass is out to bankrupt Cornwall by any chance he gets. This man (Bare Ass) lost his mind somewhere and forgot where he put his intelligence. Those who live outside of Cornwall are getting a free ride because they don’t pay their taxes to Cornwall and all of you who live in Cornwall are stuck with the big expenses. Just take time and think about what I said and you will see that I am right.

  15. Jules, is there anything about Cornwall that you like? That you make a point of enjoying while you are in town? Is there nothing positive you can say about Cornwall?

  16. Jules, you seem to know everything, why not come clean with who you really are? otherwise maybe its time you go in hiding again. You are obviously one un-happy person in life who thinks you have all the answers to everything.

    Far to long the people of Cornwall have allowed the city to be run by cheats, liars and thieves so what would we expect today? Kilger of all people knows full well he is nothing but a selfish piece of trash and let me tell you this, one day his ways will be fully uncovered and carma will hit him and his followers dead smack in the face.

    I am sick and tired of some people sticking up for his son, yes he may be good at his job today but knowing full well coming from the NHL into a firefighting job, experience was never there. Many people know at the city first hand what Hickley is stating is 100% correct in how Chad was hired.

    This only went to prove one thing. Chad, you are just like your father, selfish. You could have done the right thing and kept far away from all this but your choice sir put you right along side that dead beat dad you have. Kilger name is a disgrace to the honest hard working people of Cornwall.

  17. Cornwall City Council is “circling of the wagons” before Bob Kilger steps aside probably due to his health, or on behalf of the people of Cornwall, or some other face saving excuse. But it’s not likely he’ll use the words “stepping down”.

    Some of the more self-important councillors will try and save face… after all, they are now all tainted with the corruption.

    Just like the mafia operates, they were first bought off to be complacent, then started collecting rewards and became complicit, and now PU.

    And they’ll want us to believe they’re capable of soldiering on. …HA!

  18. Innocent until proven guilty is how it works in this country. If there is any wrongdoing, may the guilty ones pay dearly for their actions.

    Question: Does the person who is taking another to court, normally get their lawyers fees paid by the defendant or by whoever is responsible for the charges?

  19. Author

    That’s always up to a judge to award “costs” unless it’s part of the suit. IE in our suit against the city and mayor we’ve asked for our legal costs to be awarded.

  20. AND the plot thickens at City Hall. Let’s hope the City of Cornwall fired Human Resource, Mr. Menagh comes clean with all the other deficiencies. No doubt he signed a document stating that he must keep all City knowledge or mum, on his golden hand shake. Fitzpatrick and Kilger has no morals and don’t have respect for themselves or others, but both of there pockets are full

  21. Jamie, Thank-you….appreciated!!

    I know this is a different scenario, but here goes.

    Take divorce proceedings for an example. I know someone personally, who after a long fought divorce battle, who, from the get go, requested to have fees paid by the ex and it was turned down by the judge. I was under the understanding that it is rare and perhaps has never happened where a judge granted this request.

    I was just wondering what were the chances of anyone getting their lawyers fees paid by the other party.

  22. I will answer you Bella before I read the other posts and comment. Yes there are plenty of things that I like about Cornwall and I will name them:

    1) you have beautiful parks both inside Cornwall as well as the
    surrounding towns like Long Sault, Ingleside, Morrisburg, etc.

    2) it is small and you can get around from point A to point B very

    3) there is opportunity in Cornwall if the people in general would
    wake up and see things for themselves instead of relying on
    crooked politicians to do things for them and for the politicians
    to rip them off.

    4) Cornwall is quiet compared to these big cities and when you
    want peace and quiet you can find it.

    Bella I can go on and on about what I like in Cornwall and the problem with Cornwall is that you have the wrong people running it who thinks that they own the place lock, stock and barrel. Bare Ass is making things much worse in Cornwall than what it ever was and a real down point about Cornwall is that people cannot make a business unless the “racketeers” say yes or no as long as it feathers their pockets. Another downfall is the very high cost of taxes, utilities, and other things. That is why I keep using the words “wake up” which a lot of people hate but I am getting people’s attention or trying to to say what is going on that is wrong. I do say that there is a lot of good but there are people in Cornwall and those living in the surrounding areas who are making it just for themselves and not for the general population and I don’t know if you and others are getting my drift. You have a lot to be thankful for and you all don’t know it but like I said certain people are destroying the beauty so as to pocket the money like those horrible high rise condos that they want to build along that beautiful waterfront.

  23. Author

    Stella I’m not a lawyer, but I’d estimate that judges nail stink when they see it.

  24. Cornwall laughter I can assure you 100% that I am not an un-happy person “au contraire” I am very happy indeed. I am happy about who I am and what I believe in and I am happy about my little family here beside me and I don’t ask much in life but to have peace in this world which unfortunately will not come for quite some time yet because people in general do not know how to live in peace and be happy.

    About Chad Kilger I don’t know the man personally nor am I a sports fan but I am one who likes to go to a game and watch it from the stands at the Civic Complex which I did with my kids while living in Cornwall. That is a very nice arena and very scenic with the river in the background.

    Another thing about Chad Kilger is that he got in because of his old man being the mayor but otherwise he would have plenty of competition from others who may be much better than himself and yes that is a conflict of interest.

    There was your previous mayor and was mine too when I lived in Cornwall and even my landlord here in Ottawa (the owner) asked me about him and I said that he died. I don’t want to name names here because he died. The son of the mayor was made a cop during a 3 year freeze. One other man that I am aware of is a professional engineer and he didn’t want to leave Cornwall to go and work in his field of study (he has a university degree in engineering) – he loved Cornwall that much. His parents (father from Ottawa originally and mother from Oakville) and when that freeze was on and the mayor’s son got the job in the police department that really sunk him. This man (the engineer) got a job at Atomic Energy near Pembroke when his feelings were let down. That shows you how much he liked Cornwall. I know how he feels because when I was young I saw all the conflict of interest and favoritism going on and the men at the “manpower office in Cornwall” told us to go to Ottawa and other cities for work and that we did. The same thing when we lived in Cornwall my daughter was told the very same words.

    The people in Cornwall have a lovely town but the problem has to do with those who run it and it isn’t anything new but only getting worse with the administration. The problem is not just Bare Ass (which I think he is a tyrant type) but it is those in the offices who are part of the problem. Bare Ass can be shown the door anytime but those who work in the offices are hidden from the public and that remains a big problem.

    There is so much corruption going on that it would curl anyone’s hair to know about it. Many people are working in big jobs and small jobs and are not happy in Cornwall because of all the BS going on behind the scenes that nobody hears about. Many have left jobs that most of you don’t know about because they didn’t want to participate in any of the garbage going on. There are people who have principles and self worth and want nothing to do with it. You all have to know what is really going on and the whole network is one big BOSS HOGG type of administration which has to change. Robert Menaugh knows all about it and was paid very handsomely so as not to talk but he likes Cornwall and yes people from big cities will like the serenity and I guess that he is one of them as well.

  25. Jamie no matter what one thinks of your gonzo style
    FULL MARKS on putting those deputy fire chief papers online for all to see how former CAO is alleged to have acted…

    NOW…no matter how people like stella{MODERATED{…want to bury and hide all of Cornwalls secrets
    these documents can”t disappear like mayor rob ford is praying happens to his infamous crack video…allegedly..we haven’t seen said video…says every news outlet…while running with the story…lol.

  26. NEWS FLASH..urgent..ap

    WEEKLY semi_retired waterhole scribbler little MAC takes shots at CFN
    All the while his paper of record…takes EIGHT HOURS…to but up Hickley story online….and it was a puff piece…lacking many important details
    If you call to complain their new editor seems to have a real bad attitude…but since they dropped mr lajoie they are short staffed and clearly many many stories are advertizing in disguise
    At one point..when CFN was filled with the alleged RANTS of golden parachute man..Pauly F…from the Pentagon PAPERS whistleblower type papers…by Cornwall Ontario Deputy Fire Chief Rob Hickley

    The pinhead scribblers online paper…had as lead story…a turkish shop opening…nice…but your headline story…NO

    SO FAR…NOWHERE DO I SEE ANYBODY SUGGESTING this man is anything less than an honorable man..trying to swim thru a minefield

  27. Sorry I meant for Cornwall laughter about my long blog. I get people’s names screwed up – my senior moments. Sorry folks and Cornwall laughter.

  28. Standard Freeholder can’t decide on comment policy

    Eight hours behind CFN ..Standard Freeholder put up Hinckley story…after several biting comments…COMMENTS VANISH..a very common happening..but sad– none the less

    Several days earlier…in reply to many heated complaints Ms Brink posted that it was an Editor error to have allowed comments under a “court”/Hickley” story..and those comments…VANISHED

    Freeholder..what is the policy…
    My fellow readers seem to agree that this type of censorship on what are really POLITICAL stories…makes no sense…as we just move our rants over to other stories…much to the dismay of people trying to comment on those stories..

    One last point..you continue to bash this site..but you have yet to prove….your the “paper of record” and not just a Shill for the Mayor outfit.

  29. Seems another Ontario mayor doesn’t know how to separate the job from the family.

    The golden oldie mayor from missassauga(sic) is probably going to get kicked out of office..for…wait for it….CONFLICT OF INTEREST

    Seems she all but worked for her son’s company…who was in line for a multi million dollar development…while mayor..
    I love my family to death..and would probably even lie for them in court…but..nobody did…or would…elect me…for ANYTHING

    ps…Jules…if u think the seating at the lume dome is great…you truly do need help…lol…
    my granny stumbled on those steep steeep seats once…and she is STILL rolling

    ps…pls view the documentary –3rd World Canada—..if u are still under the mistaken belief that our First Nation people get a fair shake

  30. GlutenFreeNews politics and the power of the pen as well as world power go together. When people own newspapers they have all the power in their hands. I can tell you and everyone of you that I have been studying all these things and more for many years and it is all very true. The devil exists in everyone and depending on when it comes out in people. Some people are very good and others are demonic in nature. This is all part of the human species.

  31. Mayor Kill roy I think that you are talking about the Mayor of Mississauga who is an elderly lady with gray or silver hair and was in power since many long years and was always well liked and people found her to be honest. Honesty doesn’t exist in politics but nowadays it is a great deal worse than it ever was. People in politics do not tell the people the truth and that is world wide and worse in other countries.

    I can assure you that the political situation is not going to get better. Remember the book 1984 if you ever read that stupid thing. Well back in the 60’s in English class I wondered what kind of nonsensical crap that was and the person who wrote it was in the tops of the secret service in England and was posted in India as well and knew what was going to happen in the future and only getting worse. So far we are lucky here in Canada but many are being murdered even here for what they know. Like I said the demons are in people and the only time we will have true peace is when God comes back to earth but not before – things are only going to worsen. I heard just lately that the war on terror is going to continue for not less than 20 years. I heard Senator John McCane say that it can go on for 50 to 100 years none of us really know for sure how long but war has to do with big money to be made by those who create it and munissions, etc. is given to both sides. It is a crazy and demonic world that we are living in. It goes from the very tops down to the bottom.

  32. A word of advice to all who comment on CFN. Be careful not to let someone like Jules make this her chat line. I, myself, made the lame mistake of complimenting her on a rare, well-written, short commentary that actually made sense. Mea Culpa. Apparently, the minute she gets a fraction of attention, her venomous floodgates open. She will always be welcome to comment, but she truly has to be ignored. We love our City; we love the Benson Centre and see the need of it (without getting into the location); we are smart enough to be repulsed by the actions of this Council and we are given this excellent venue to say so. And for the most part, when readers comment on Jamie’s articles they truly have good points to make except for….Ignore, ignore, ignore, or Jamie’s articles will not get the proper attention they deserve. In my opinion.

  33. Author

    pizoli here is our Mission Statement. There are people who post here who insult me or take other sides of a debate. Usually I just ignore them rather than debate them or censor them.

    It’s part of the price of a more open forum for our viewers.


  34. @PIZOLI

    I have had my say with ADMIN in regards to JULES verbal diarrhea, specifically unsubstantiated accusations or innuendo.

    Her long winded, hear herself tirades of the past served only, in my opinion, to degrade the integrity of this format.

    I respect completely that all of us have an opinion. I wish that more people did. Complacency is not my strong point.

    Negativity is a fact of life. Everything is not positive and rosy.

    I believe, however, that criticism without offering a potential remedy serves no valid purpose other than to perpetuate the problem or situation. Like a sickness without a cure.

    Jules can be ignored or pitied but until she grasps that negativity in the copious amounts that she dishes out is like a cancer I aslo would refrain from encouraging her with a compliment PIZOLI.

  35. Jamie (Admin.) I don’t think that I ever insulted you in any way at all. In fact I compliment you because you are a very good journalist and I mean those words.

    About the “peanut gallery” I don’t care if they like me or not. I get my point across whether they like it or not. You do not publish everything I write and the same with others and I respect everything that you do.

    If any of us did not have the opportunity to say what is in our minds and hearts then there would be no free speech and then what is the use of having a blog.

    I thank you Jamie for everything that you do and I sure like reading your columns and you are the only journalist in Fossoli that makes any sense.

  36. Author

    Jules while I think you for participating on CFN and your many kind words and compliments you know that some of your comments never make it through. We are trying to have more people comment in meaningful ways which means less personal attacks and better comments. Sometimes some people also post too often or stray off topic.

    CFN is here to inform and entertain our viewers while being a safe forum for them to do so.

  37. Jamie (Admin) yes I agree all the way with you in what you do. I write a lot of things and I write what I think and feel what is going on and whether somebody likes it or not is up to them. That is what free speech is all about. Yes people have to jump in and say what they think.

    Your columns are very well written and the problem with people anywhere is that they cannot handle the truth. When people are given the truth then they start to criticize the messenger.

    You are the best Jamie and I mean that. The time that I would ever criticize you I would never come back at all. I like your writing and what you say and I have a lot of the giggles at this end more than what you or anyone could ever imagine.

  38. The fish rots from the top down.

  39. @admin, I think you should give jules her own column on your website, I can foresee alot of hits, the entertainment value is in the utter shock she brings to the normal person….here’s some title suggestions for her section, “Random Thoughts of a Senior {MODERATED} Blogger” or “Diary of Mad Ex-Cornwall Woman”, or perhaps, “What my husband told me Today!”

  40. Jack Nicolas May 28, 8:55 am

    I think you are on to something.

    Jules likes to write, fiction or hyperbolic, diatribe, negative spew or at the very least she’s ‘ENTERTAING’.

    I dare say I and some others have done a few off message or even extended on message, just a often.

    Jamie, give her a call. It might work. This way you can have clearer input and on subject your own by lines.

  41. My above comment…

    “I dare say I and some others have done a few off message or even extended on message, just a often.”

    Would better read….

    I dare say that I and some others have done a few on and off message ourselves or even extended and extolled more than we should have. Venting does that to us. Just that we have not done it as prolific as Jules has.

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