Open Road BMW www.openroadbmw.ca 14785 Yonge Street 87 Mulock Drive, 905-713-3199 Newmarket 905-841-9500 (just east of Yonge St.) www.edwardstreet.ca [email protected] 1-888-295-8714 SATURDAY MARCH 26 8.30 pp.m..m. Aurora’s Independent Community Newspaper Vol. 11 No. 21 905-727-3300 theauroran.com FREE Week of March 22, 2011 Former mayor gets day in court Former Aurora Mayor Phyllis Morris for Ms. Morris, argued that Mr. Hogg, Mr. who heard the case. "My friends are had her day in court last Tuesday as her Johnson, and Ms. Bishenden have going to argue that this case is about the lawyer argued for the courts to compel information regarding anonymous right of expression, the right of political local bloggers Richard Johnson, Bill posters on the Aurora Citizen website, expression and that they must be Hogg, and Elizabeth Bishenden to something the three named in the suit informed by charter values even though release information pertaining to the deny having access to. this is a defamation case." identities of anonymous online posters "This case is about a politician's rep- A balancing act needs to be per- Ms. Morris alleges defamed her. utation and her right to defend it against formed in cases such as these where At the hearing for what is known as anonymous commenters who have some case laws have stated anony- a Norwich Motion, which took place in made terrible statements about her," mous communications should be pro- Newmarket-Aurora Member of Parliament Lois Brown gets a dart Toronto on March 15, Ken Clark, lawyer said Mr. Clark to Justice Carole Brown, Please see page 14 lesson from Jason Bell during a media event Friday announcing the Canadian Championship Dart tournament that will be held at the Aurora Legion in May. The Aurora Legion will host the event, May 13 to 16, as part of the 65th anniversary of the branch. Other side fights back... Players are expected to be in Aurora for the tourney from every Phyllis Morris' motion to have the igation, have an opportunity to exam- urgent that we want to avail our- province in the country. The community is invited to attend the courts compel Richard Johnson, Bill ine them in discovery to obtain the selves of the opportunity to get this event, said committee chairman and branch president Rick Hogg, and Elizabeth Bishenden to information they seek, he argued. information now. In our submission, Preston. Auroran photo by David Falconer release any information they have to "My friend has said in his submis- they are unable to satisfy that." indentify anonymous, allegedly sion that unless they are successful In his arguments, Mr. Sinclair defamatory posters is an "extraordi- today that they won't know this infor- rejected Mr. Clark's claims that spe- Klees asks Powerstream nary request", said lawyer Charles mation," said Mr. Sinclair in response cific words were not pled in their Sinclair, representing the three to arguments put forth earlier in the statement of claim because Ms. named in the suit, at last Tuesday's day by Ken Clark on behalf of Ms. Morris wanted to mitigate damages not to pass cost to users hearing. Morris. "That is not the case. What in the process. Newmarket-Aurora MPP Frank their customers. It is extraordinary because the they are essentially doing is coming This argument could be made by Klees has called on the “For the utilities to turn around plaintiff will, through the course of lit- to court and saying this matter is so Please see page 14 Powerstream Board of Directors and attempt to recover the dam- not to pass on to its Aurora cus- ages and costs of a lawsuit they tomers the cost of a class action lost from their customers, who Five Aurora street facelifts lawsuit that resulted in the award- they overcharged in the first place ing of more than $18 million in is outrageous" said Klees. "The damages against the provinces' Ontario Energy Board may have to start ahead of schedule utilities. felt compelled to allow them to do The lawsuit was based on the this for technical reasons, but it Berczy Street, Engelhard Drive, in a report to council. "The benefit tender dates for the Spruce Street, Late Payment Penalties policy doesn't pass the fairness test and Irwin Avenue, Metcalfe Street and of starting the tendering process Engelhard Drive (from Furbacher under which natural gas and the utilities should simply absorb Spruce Street will get facelifts this early is the increased potential for Lane to Vandorf Sideroad), Berczy hydro-electric utilities have these costs internally.” Spring as council has advanced more competitive bids as contrac- Street, and Metcalfe Street (from charged customers a penalty if Newmarket Hydro has already their reconstruction projects. tors secure their projects and the Berczy to Edward Street) projects payments were received past the advised the OEB that it will not bill The approval to go out to tender ability for an early start once the earlier this month, while the tender due date. The Supreme Court of customers for its share of the on these projects sooner than construction season begins. date for the Irwin Avenue recon- Canada ruled that in some circum- damages, but Powerstream has anticipated came earlier this month "[Infrastructure and struction project is slated for stances, the amount charged not yet made a decision about for the reconstruction of Berczy Environmental Services] staff has Thursday. exceeded the 60 per cent maxi- how it intends to handle the issue. Street, Irwin Avenue and Spruce found that by tendering one project Reconstruction on Spruce mum rate of interest allowed Klees sent a letter to Brian Street, and the partial reconstruc- at a time it allows bidders the Street is proposed to kick off May under the Criminal Code of Bentz, president and CEO of tion of Engelhard and Metcalfe. opportunity to aggressively price 16, while the projects for Canada. Powerstream, asking that the "The design for the road recon- each project and eliminates the Engelhard, Berczy, and Metcalfe After losing the court chal- board of directors not pass on any struction projects is complete and possibility of forcing bidders to have a proposed starting date of lenge, utilities appealed to the more costs to the customers. tendering can proceed immediate- choose between multiple con- June 6. Ontario Energy Board for the right Klees writes about the situation ly," said Ilmar Simanovskis, tracts." Irwin Avenue is scheduled for to recover the more than $18 mil- in his column, which appears this Aurora's Director of Infrastructure Mr. Simanovskis proposed the Please see page 14 lion in damages and costs from week on Page 5. Izzi “...passion, relationship skills and commitment to follow up... outstanding Izzi is best in class & a committed professional...” Popat Ian & Sara Sales Representative Top 5% in Canada* *Out of 13,000+ Royal LePage Real Estate Agents in Canada (2009) 905-727-3154 [email protected] www.izzipopat.com 2 - THE AURORAN, Week of March 22, 2011 COMING EVENTS WEDNESDAY, MARCH 23 Mansion on Industrial Parkway South beginning at 6 p.m. Dance to TUESDAY, MAY 17 The third in a series of evening chats by Aurora historian Jacqueline Stuart the music of Freddie Vette and The Flames and meet and have your At 7.30 p.m. the Evergreen Choir, under the direction of Richard Heinzle, happens this evening at the Aurora Cultural Centre, beginning at 7 p.m. Tonight picture taken with Elvis Presley, who is really Kevin Mills from invites you to join them for their Spring concert at the Aurora Seniors Centre, “Our Aurora Heritage: Taking a Closer Look”. There is complimentary admis- Richmond Hill. Tickets sell for $60 a person, which includes a three- 90 John West Way, when they present "We’ll Sing you a Song". Admission is sion and refreshments and no registration is required. course meal and are available at Aurora Used Books, 95 Edward $10 for adults, while children, 14 and under, are free. Tickets are available in THURSDAY, MARCH 24 Street. Proceeds go to the Aurora-Newmarket District of Community advance at the Seniors’ Centre and they’ll also be on sale at the door. Embarrassed by your bare wrists? Get beading! Show off your sense of Living. Refreshments will be served at intermission. style with a unique beaded backpack pin and a fashionable suede bracelet made at the Aurora Public Library from 6.30 to 8 p.m. This program is for youngsters aged 9 to 14 and costs $8 which includes all materials. * * * * The PowerStream information session, How to Manage Your Small Business Electricity Costs with Time-of-Use Rates has been rescheduled to this evening at the Aurora Public Library, Magna Room, 15145 Yonge Street. The presentation will provide business owners information about Time-of-Use Electricity rates and will be followed by a question period. Registration is at 5.30 p.m. and the presentation will start at 6 p.m. Cost is complimentary, and refreshments will be served. SATURDAY, MARCH 26 The Aurora Farmers’ Market & Artisan Fair final day at the Aurora Cultural Centre, formerly the Church Street School, happens today from 10 a.m. to 2 p.m. Site is fully accessible at the north entrance. For further information call 905-713-1818 or [email protected]. * * * * The Aurora Cultural Centre is turning down the lights and turning up the * fun for Earth Hour Unplugged. A evening of family-style entertainment, includ- *(For Royal LePage) * Based on Gross Income Generated ing local musicians Jamie Miller and David Rankine, and our signature “Punch in the Dark” mocktail! Free admission; accessible entrance at the north glass Marilyn Redvers, Sales Representative doors.