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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. ~ ERK ~7)?~ REEVE/ '. --- -~~ SEA"L -0- r r 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. -. .~ 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. ,!J;f> 1iA.AJ// J71. ~ REEV~ '. Accepted this FOURTH day of FEBRUARY, 1987. Robert E. Forsyth