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Friday November 29, 2019

December 7, 2019 by Graeme MacKay

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday November 29, 2019

‘We can’t take that back’: Eisenberger on keeping Hamilton sewage spill details secret

March 28, 2009

Mayor Fred Eisenberger is standing by Hamilton city council’s decision not to disclose publicly the full magnitude of a massive sewage spill for nearly a year.

“The incident happened already,” Eisenberger said Tuesday. “The material, whatever was there, had already gone into the system. We couldn’t get it back.”

The mayor spoke to The Spectator for the first time about the estimated 24-billion-litre sewage leak into Chedoke Creek, which flows into Cootes Paradise, after returning home from an economic development trip in India.

Last week, The Spectator reported that city officials had kept secret not only the volume of the raw sewage spill, but also its four-and-a-half-year duration.

July 16, 2014

Leaked confidential reports from January and September show the spill was attributed to a holding tank gate left partly open from January 2014 to July 2018. The reports also pointed to a second gate failure on the same tank.

Outside legal advice recommended city officials keep the information secret due to potential regulatory fines amid a provincial investigation.

On Tuesday, Eisenberger, who noted his plane landed at 5:30 a.m., defended the approach, saying public health informed residents of a sewage spill at Chedoke Creek in July 2018.

February 21, 2007

Floatable material was sucked up, warning signs were posted, and E. coli levels eventually returned to what they were before the sewage leak, he said.

But the volume of the contamination and duration of the leak weren’t shared with the public, Eisenberger acknowledged.

“Because it was still under investigation. The legal advice that we received at the time was, ‘Do not disclose the full amount; there are potential legal issues that come out of that; there are potential other claims that could be made.’”

Public works spokesperson Jasmine Graham said Tuesday the city has paid environmental lawyer Rosalind Cooper $67,393.55 for her services as of October.

September 19, 2018

Eisenberger said the advice of the Toronto-based lawyer, who has many years of experience in the field, is still worth following.

“I’m not prepared to second guess it,” he said. “I understand the furor that’s out there. I get it. There’s always that tug between full disclosure and legal ramifications, and we have that happen in many instances that we deal with.”

Though the city conducted an initial surface water cleanup in July 2018 — at a cost of about $56,000 — material would have sunk to the bottom. The confidential reports noted dredging could cost $2 million. (Hamilton Spectator) 

 

Posted in: Hamilton Tagged: #CootesCoverup, #sewergate, 2019-42, attack, disaster, Fred Eisenberger, godzilla, Hamilton, lawyer, monster

Friday October 14, 2016

October 13, 2016 by Graeme MacKay

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator Ð Friday October 14, 2016 Harvest Picnic organizer sues talent agency, performers, for millions The organizer of the annual Harvest Picnic music festival has filed a lawsuit against one of Canada's largest talent agencies, as well as musical acts Jann Arden, Johnny Reid and the Cowboy Junkies, seeking more than $26 million in damages due to breach of contract. The lawsuit also says both the Harvest Picnic and the annual Hamilton Music Awards are in danger of collapsing. Local promoter Jean Paul Gauthier alleges The Feldman Agency, based in Toronto and Vancouver, Reid and the Cowboy Junkies both breached contract provisions preventing them from playing within a certain radius of Hamilton within 90 days of the Aug. 26 to 28 Harvest Picnic at Christie Lake Conservation Area. His claims against Arden relate to concert date announcements. Feldman acted as the booking agency for those festival acts. The allegations, which have not been tested in court, were made in a 15-page statement of claim filed in Ontario Superior Court under Gauthier's company, September Seventh Entertainment, which also runs the annual Hamilton Music Awards. "The events that September Seventh produces and owns, namely the Harvest Picnic and Hamilton Music Awards, are now at great risk of ceasing to exist due to the unconscionable conduct, high-handed conduct or conduct in bad faith and breaches of contract by the defendants," the statement of claim says. This year the Harvest Picnic expanded from one to three days. Crowds were noticeably lower than the previous five years. Meanwhile, several artists, many of them local, have said they have not been paid by Gauthier. "I got a bounced cheque," said Hamilton singer-songwriter Tomi Swick, who performed twice at the festival. "It's a sad situation. (Gauthier) has always been pretty good to me. It was a good festival.Ó Other musicians who have not yet been paid by the festival include

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Friday October 14, 2016

Harvest Picnic organizer sues talent agency, performers, for millions

The organizer of the annual Harvest Picnic music festival has filed a lawsuit against one of Canada’s largest talent agencies, as well as musical acts Jann Arden, Johnny Reid and the Cowboy Junkies, seeking more than $26 million in damages due to breach of contract.

The lawsuit also says both the Harvest Picnic and the annual Hamilton Music Awards are in danger of collapsing.

September 10, 2016

September 10, 2016

Local promoter Jean Paul Gauthier alleges The Feldman Agency, based in Toronto and Vancouver, Reid and the Cowboy Junkies both breached contract provisions preventing them from playing within a certain radius of Hamilton within 90 days of the Aug. 26 to 28 Harvest Picnic at Christie Lake Conservation Area. His claims against Arden relate to concert date announcements.

Feldman acted as the booking agency for those festival acts.

The allegations, which have not been tested in court, were made in a 15-page statement of claim filed in Ontario Superior Court under Gauthier’s company, September Seventh Entertainment, which also runs the annual Hamilton Music Awards.

“The events that September Seventh produces and owns, namely the Harvest Picnic and Hamilton Music Awards, are now at great risk of ceasing to exist due to the unconscionable conduct, high-handed conduct or conduct in bad faith and breaches of contract by the defendants,” the statement of claim says.

This year the Harvest Picnic expanded from one to three days. Crowds were noticeably lower than the previous five years.

Meanwhile, several artists, many of them local, have said they have not been paid by Gauthier.

By Graeme MacKay, The Hamilton Spectator - Saturday August 24, 2013

August 24, 2013

“I got a bounced cheque,” said Hamilton singer-songwriter Tomi Swick, who performed twice at the festival. “It’s a sad situation. (Gauthier) has always been pretty good to me. It was a good festival.”

Other musicians who have not yet been paid by the festival include the Toronto-based band The Rheostatics, Hamilton singer-songwriter Lori Yates and Hamilton native Jeremy Fisher.

“I honestly feel bad for (Gauthier),” said Fisher’s manager Mike Renaud, owner of Hamilton-based Hidden Pony Records. “I think he just got in over his head. I don’t think he’s a malicious person. But I don’t think this (filing a lawsuit) is the best way to handle it.”

Calls and emails to Gauthier were not returned. A representative of The Feldman Agency offered The Spectator no comment on the lawsuit, but Feldman president Jeff Craib told CBC News that it was “frivolous and vexatious.”

In a statement emailed to The Spectator, The Rheostatics said the band felt “let down.” (Continued: Hamilton Spectator)

 

Posted in: Hamilton Tagged: attorney, dundas, festival, Hamilton, Harvest Picnic, lawyer, legal, Music

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