UPDATE (May 19, 2010): MIRANET has been advised by the City that a new application form for Affiliate status has been created, and that packages will now be mailed out to residents' associations to enable them to apply for Affiliation and the general liability insurance and other benefits that pertain.

MIRANET Liability Insurance Investigation Subcommittee: Report and Recommendation (Feb. 3, 2010).  Delivered by: Alex Banks, President - Sherway Homeowners RA, at the MIRANET 1st Annual General Meeting.

MOTION: "To mandate the Insurance Subcommittee to liaise with the City of Mississauga for the next step; to clarify and streamline the process for the Ratepayers Associations to apply for such affiliation status."  Passed unanimously -- MIRANET AGM (Feb. 3, 2010).

March 12, 2010: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Manager of Community Programs, who administers the City's affiliation program, advised MIRANET that all RA applications were on hold pending an internal review.

BACKGROUND

There is concern that RAs are taking risks in order to participate in the citizen engagement process as encouraged by (and to the benefit of) the municipality, without any kind of protection afforded (see information about SLAPPs, below).  In addition, many RAs hold public meetings or events for which protection against liability for physical injury is required.  The Subcommittee has investigated not-for-profit liability insurance issues and evaluated the best types of coverage to provide as well as the cost scenarios for our Members.  The Subcommittee has also fully explored the affiliate group program offered by the City to non-profit community groups.  The Subcommittee will also be reporting on incorporation for non-profit groups.

BACKGROUND on SLAPPS

The issue of Strategic Lawsuits Against Public Participation (SLAPPs) was first dealt with by Mississauga Council in August 2008, in response to concerns raised by citizen groups in the Port Credit area.

Click here to view the Citizens' Letter (May 15, 2008) to the Mayor and Council (and copied to all Mississauga MPPs) from VIVA Port Credit.  Note that the letter refers to the so-called "Lake Simcoe case" of 2007 (Big Bay Point development) including the subsequent lawsuit by the developer against the ratepayer association which opposed it.  The development was approved, but the developer sought to recover costs incurred at the OMB.  The OMB Decision was announced on January 30, 2009.  Click to view the article: OMB Decision: $3.2 Million SLAPP Suit Dismissed: "Dire" cost consequences of defending claims remain.

Click here to view the Corporate Report (July 25, 2008) prepared for the Mayor and Council by City Solicitor This e-mail address is being protected from spambots. You need JavaScript enabled to view it , in response to the citizens' request (per above) for a City of Mississauga position re: SLAPPs.

Click here to view the Minutes of the Council Meeting (August 6, 2008) in regard to the SLAPPs issue (see Item R9 on pages 12-14).

Click here to view Mississauga Council Resolution 0191-2008 concerning the SLAPPs issue, as passed at the Council Meeting of August 6, 2008.

Click here to view the Letter re: SLAPPs from Mayor This e-mail address is being protected from spambots. You need JavaScript enabled to view it (August 11, 2008) to Premier This e-mail address is being protected from spambots. You need JavaScript enabled to view it (as copied to all Ratepayer Associations).

The Booster article, supplement to the Mississauga News, by political scientist This e-mail address is being protected from spambots. You need JavaScript enabled to view it (Aug. 27, 2008): "Time to take SLAPP suits seriously".  Excerpt: "Should citizens risk their life savings by taking part in the democratic process?  For most local volunteer activists and advocates, this will fortunately remain an academic question.  But those same activists and advocates will tell you that even one lawsuit—or one threat of a lawsuit, as dubious as the plaintiff’s claim may be—will cast a chill over their activities, distract attention from their cause, and make other citizens reluctant to stand up for what they believe. ... The City of Mississauga’s Legal Department appears unconcerned with the risk or impact of SLAPPs.  A recent report to City Council recommended that politicians express no opinion on SLAPPs and suggested that the current planning and legal processes are 'balanced'.  The staff analysis was questioned by councillors, some of whom spoke of actual or implied threats against local citizens.  Ward 3’s Maja Prentice argued that the problem reveals fundamental flaws in the planning process, including the overarching role of the Ontario Municipal Board. ... Mississauga councillors are right to be urging Ontario to look at Quebec’s legislation.  The City should also examine what mechanisms it might employ to protect citizens against SLAPP suits, including the extension of 'affiliate' insurance coverage."

The following RA reps comprise the MIRANET Insurance Subcommittee:

This e-mail address is being protected from spambots. You need JavaScript enabled to view it , President - Sherway Homeowners RA (SHORA) *
This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Director - Sheridan Homelands RA (SHORA)
This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Chair - Credit Reserve Association (CRA)
This e-mail address is being protected from spambots. You need JavaScript enabled to view it , President - Erindale Village Association (EVA)

* Subcommittee Chair