Published on January 07, 2014
County of Kings chief administrative officer Tom MacEwan, left; Warden Diana Brothers, seated, and councillor Wayne Atwater, right, wait outside the courtroom Nov. 19 for a hearing regarding a notice of judicial review. The judicial review relates to a code of conduct allegation made against Kings County Coun. Pauline Raven.
Kirk Starrat - kingscountynews.ca
Published on January 02, 2014
Lawyer Peter Muttart and his client, Kings County councillor Pauline Raven, prepare to enter Supreme Court in Kentville on Dec. 19.
Pauline Raven may have dropped her lawsuit against Kings County, but the municipal legal battle isn’t over yet.
In a press release this morning, Warden Diana Brothers said she is pleased the councillor for District 3 has dropped the case, but disappointed Raven is seeking costs from the county.
Raven confirmed she is seeking $400 in costs from the county.
“I think it’s time to move on,” Brother said.
However, she confirmed the municipality will contest the request and seek their own costs against her.
Brothers’ statement says a letter was filed with the court Jan. 23 by Raven’s lawyer withdrawing her application for Judicial Review by the Supreme Court, but requesting her legal costs be covered by the municipality.
Raven launched the application in October, after Brothers gave her a warning about language used during a debate over a request for a regional government study. She challenged the county over whether it was an appropriate use of the code of conduct policy; the county contends it was not a code of conduct matter, but a point of order. Earlier this month, Judge Pierre Muise agreed it was a point of order and not subject to judicial review.
“The warning issued to Councillor Raven was a result of her breaching the rules of order by using offensive and inappropriate language,” Brothers said. “I’m pleased that Justice Muise confirmed the duty of the chair to maintain decorum and the authority to issue warnings to councillors.”
- Read more special articles:
- Raven ordered to pay costs to County of Kings following judicial review
- Raven, county back in court over costs
- Lingering legal issues in Raven versus Kings County case
- Pauline Raven drops court case against county, costs still an issue
“Council’s subsequent decision to endorse the warning was never intended to be regarded as a decision under the code of conduct,” said Brothers. “In order to avoid any confusion or uncertainty on that point, on January 21, 2014, council chose to rescind the motion of October 15, 2013. It’s important to note that the warning to Councillor Raven for her comments still stands.”
Raven said Jan. 24 the decision to rescind the Oct. 15 vote was "at the core" of her decision to end the suit.
"It’s clear that this code of conduct matter is now struck from the municipal record and there’s no point in asking the court to look further into the issue," Raven said. "It has been resolved to my satisfaction. I’m ready to get back to regular business and better governance."
No information is available yet on when the application for costs by the parties will be considered by the court.
For full coverage of the case, click here.
For Brothers' full statement, see page 2.