Mayor could lobby to have McLarty pay court costs

After being cleared of a conflict interest charge leveled by Ian McLarty, Mayor Randy Hope can now seek to recoup his legal costs, which in this case are estimated at $35,000.

As part of his decision, Justice Vogelsang asked Hope’s lawyer and McLarty for submissions on costs.

John Norton, chief legal officer for the municipality, says the normal rule in litigation is for the loser of the proceeding to pay some or all of the legal fees to the winner.

The amount is up to the judge.

“In a normal course, the lawyers for Mayor Hope will make submissions to the judge – now that they have been proven successful – on how much Mr. McLarty should have to pay Mayor Hope’s legal fees,” said Norton.

In the meantime, the municipality will pick up the tab.

There is a bylaw that provides for the municipality to pay legal costs of members of council if they are found not to have done anything wrong.

“Because Mayor Hope, pursuant to the judge’s decision, was not found to be in a conflict of interest, the municipality will now pay his legal fees,” said Norton, adding that any order from the judge will be used to reimburse the municipality.

If the mayor was found guilty, he would be responsible for his costs

The same provisions would apply in an appeal.

Hope’s lawyer, David Thompson, has 45 days to send his submission to the judge and to McLarty, who will have a further 30 days to send his submissions to Thompson and to the judge.

Thompson will then have 10 days for a brief reply submission.

As counsel for the municipal corporation, Norton said it’s neither permissible nor appropriate for him to represent a council member in a personal case.

“If I was representing him and came into the knowledge of information (while) representing him that conflicts with the best interests of the municipality, then I would be in a conflict of interest,” explained Norton. “My job is to represent the corporation throughout.”