HomeMy WebLinkAboutBRU 87 006 amend retainer Forsy
SCHEDULE 1
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-6
A BY-LAW
Forsyth
System.
to provide for an amendment to a retainer of Robert E.
in respect to the matter of the Bruce Municipal Telephone
BE IT ENACTED as
Bruce as follo...s:
1. The retainer,
a by-la... of the Corporation of the To...nship of
dated July 23, 1984 of Robert E. Forsyth
in respect of the matter of the identity of the
subscribers of the Bruce Municipal Telephone System be
amended and the Reeve and the Clerk be and they are
hereby authorized and shall execute on behalf of the
Corporation an amended retainer in the form attached as
Schedule "A" to this by-la....
By-la... introduced and read a First time this FOURTH day of
FEBRUARY, 1987.
By-la... read a Second time this FOURTH day of FEBRUARY, 1987.
By-la... read a Third time and finally passed, signed, sealed, and
numbered 87-6 this FOURTH day of FEBRUARY, 1987.
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SCHEDULE "A"
AMENDED RETAINER
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF BRUCE
(the Corporation)
Client
- and -
ROBERT E. FORSYTH
(Forsyth)
Solicitor
WHEREAS the Corporation retained Forsyth by a formal retainer
dated July 23, 1984 for the purpose of commencing and conducting
proceedings to determine the identity of the subscribers of the
Bruce Municipal Telephone System and such proceeding was
instituted by the Corporation in its capacity as trustee of the
assets of the system on behalf of the subscribers;
AND WHEREAS the Corporation has appointed Peat Marwick Limited as
trustee of the assets of the system in place of the Corporation
in anticipation that the new trustee will continue with the
action in the capacity of plaintiff and the Corporation will
become a defendant to continue to represent the ratepayers and
inhabitants in accordance with the representation order made in
September of 1984;
AND WHEREAS it is desired to amend the
proposed status of the Corporation
proceeding.
retainer to reflect the
as a defendant in the
The Corporation of the Township retains Robert E. Forsyth for the
following purposes.
1. to participate in an application to have the title to
Supreme Court Action 934/84 amended to substitute Peat
Marwick Limited as plaintiff and change the status of
the Corporation to that of defendant to represent the
inhabitants and ratepayers in accordance with the
representation order made in September of 1984 by The
Honourable Judge James Ian McKay.
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2.
To file a statement of defence on behalf of the
Corporation substantially in the form annexed as
Schedule "A" to this retainer and to participate in the
action for the proper representation of the Corporation
in its representative capacity and do all things
necessary and requisite for such defence including
negotiations with other parties in the action from time
THE CORPORATION OF THE TOWNSHIP OF BRUCE
PAGE 2
BY-LAW NO. 87-6
to time and at all times for the purposes of resolution
of the question on behalf of the Corporation;
3. To defend any counterclaim or crossclaim in the said
action and in particular the claim against the
Corporation presently constituted as a Counterclaim;
4. Until such time as Peat Marwick Limited is made the
plaintiff in the action to continue as retained on July
23, 1984 as herein amended:
The Corporation of the Township of Bruce retain R. E.
Forsyth, Q.C. for the purpose of commencing and
conducting proceedings in the Supreme Court of Ontario
to determine the identity of the subscribers of the
Bruce Municipal Telephone System. R. E. Forsyth, Q.C.
be and he is hereby authorized to engage such other
counsel and/or consultants that he and the Corporation
of the Township of Bruce agree may be necessary and
requisite for the proper prosecution of the proceedings
and to institute and conduct such other incidental
proceedings as may be necessary. R. E. Forsyth, Q.C.
is further authorized to enter into negotiations with
other parties from time to time and at all times for
the purposes of resolution of the question on behalf of
the Corporation.
The authority hereby given and this retainer may be terminated by
by-law of the Corporation.
DATED this FOURTH day of FEBRUARY, 1987.
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REEV~
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Accepted this FOURTH day of FEBRUARY, 1987.
Robert E. Forsyth