The Estrin Lawsuit

The Windsor Star stated in their story:

• "The city is not named in the lawsuit, so there are no financial implications for local ratepayers."

How wrong they are!

My first reaction in reading the story was that Eddie Francis had totally miscalculated.

He had forgotten his roots and thereby did not understand the Bridge Co. at all. He must have believed that the Bridge Co. was part of a huge, faceless corporation run by a bunch of managers whose only function in life was to earn more and more money.

He had forgotten that it was nothing more than his pita business only on a much larger scale, a "family" business run by a father and son. It was not a "public" corporation owned by shareholders whose only interest was seeing the Dow Jones index going higher but a "private" one whose owners wanted to ensure the future of their children and grandchildren.

Someone deep in his inner circle had told him that the Bridge Co. would never react. They dared not do so. They were too secretive. They would be pilloried in Windsor.

Eddie must have assumed it was a GM. He forgot it was still a Ford.

These are fundamental errors that will cost the City of Windsor dearly and I do not just mean financially in the long run. It will be what Eddie Francis is remembered for, part of his legacy I am afraid.

How can I be sure of what I am saying? Dan Stamper stated:

• "I don't care that they work for the city, but when they take out a sword and try to hurt us there is a problem."

Remember what Matthew Moroun said at the House of Commons hearing:

• "We are asking this committee, and especially Transport Canada, to please put down your sword, set this legislation aside, and instead engage in meaningful dialogue, not just at a very formal hearing to discuss the legalese of this legislation, but rather to discuss and brainstorm and cooperate with one another toward an even more successful Ambassador Bridge for the advantage of the operation, the government, and the public."

There clearly is a lot more going on in this story than has been reported. I want to think about it before I write more.

Interestingly, the lawsuit was started in November but not reported until today. Given the close relationship with the Mayor--after all the Star sees materials that even Councillors do not get unless they go public and even then may still not have seen it--I am curious to know when the Star first learned about it. Assuming it was shortly after the lawsuit was launched, why did it take so long for the Star to report it.

I wonder if the Casino wants to take a bet about how many Councillors were told about the lawsuit by the Mayor before it hit the pages of the Star. In my opinion, each Councillor must tell us publicly if and when the Mayor told him/her about it. We have open and transparent Government in Windsor don't we? If they were not told or were told very late in the game, then what are they going to do about it

One final question. Will Mr. Estrin be let go? Now a couple of Star stories make sense to me. Eddie had to protect himself against charges that he wasted taxpayer money using a law firm that may be conflicted and which he may have to let go before the issue arose. So the spin-doctors were out there in advance justifying Estrin's retainer:

1. "Legal bill to top $3.2M for city's border battles January 09, 2007
   
   "These costs are very small when you consider what's at stake," said Mayor Eddie Francis. "When you consider what we are up against, we have to continue to do what we need to in order to protect the city's best interests.
   
   "It's unfortunate a local government has to be put in a position of having to spend funds on something like this. But what choice is there? Otherwise we might as well fold up our tent and put up a For Sale sign."
   
   The city has been put into a position of defending its interests in the border battle against the deep pockets of private business interests, Francis said...
   
   None of the funds have been wasted given how the city has been able to fend off the use of E.C. Row Expressway as a truck route, prevented the DRTP from becoming reality, slowed the bridge company and also steered government into building the next bridge in an industrial area off Ojibway Parkway (as recommended by Schwartz), Francis said.
   
   "Those making a case that the city should not be spending this are those who want to see the city go away so they can advance their interests," Francis said."


2. "Consultants bill city $5.2M million; Roseann Danese Windsor Star January 17, 2007
   
   $1.7 million spent on border file went mainly to lawyer, traffic expert
   
   Mayor Eddie Francis spent $1.7 million on border issues, according to a list of expenditures attributed to his office. A big chunk of that money went to Toronto environmental lawyer David Estrin and New York traffic consultant Sam Schwartz.
   
   The payments include fees incurred by Estrin's Gowling law firm for OMB hearings, interim control bylaw preventing non-railway use of railway land, legal advice regarding E.C. Row expressway, the regional transportation master plan, Ambassador Bridge issues, rail issues, DRTP issues, bi-national review and the environmental assessment review.
   
   The documents show Estrin received three additional payments that are not included in the figure provided by the mayor's office. He was paid an additional $374,214 in 2004, $443,781 in 2005 and $648,115 in 2006.
   
   The total amount that went to Estrin's law firm was about $3.2 million...
   
   Skorobohacz said it has been money well spent and not "out of the ordinary" compared to other cities. "Windsor has challenges because of its location," Skorobohacz said. "Is the investment of a David Estrin warranted? Yeah, it's more than warranted" to make sure the city's interests are protected."

If the Star knew about the lawsuit when it published these statements, then I am very disappointed in it.

Let me think about this turn of events some more. I promise to try and give you a view of this matter that may be a bit different than one which you might expect. Stay tuned.