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Lawsuit claims city compromised public safety with building code violations

City of Guelph's former Chief Building Official files response to city's defence in $1 million wrongful dismissal lawsuit
20160201 Guelph City Hall Sign KA

The city's former chief building official claims the City of Guelph exposed itself to "significant legal risks and public embarrassment" by violating city and provincial building codes.

Bruce Poole's rebuttal to the city's statement of defence contains a detailed list of projects that his department issued violations against. They include new City Hall, the Sleeman Centre, John McCrae House and Guelph Central Station.

Poole is suing the City of Guelph for $1 million for wrongful dismissal after he was fired last August after almost 31 years with the city.

Poole claims that in October 2013 the city had 70 building permits which were unclosed for too long, violating city and provincial building codes.

"These outstanding permits exposed the City to significant legal risks and public embarrassment, compromised public and occupant safety and wasted a tremendous amount of taxpayers' money," Poole claims.

The latest allegations come in Poole's reply to the city's statement of defence.

All allegations and responses from both sides stem from legal documents filed with the Ontario Superior Court of Justice and have not been proven in a court of law.

Neither side will comment on the lawsuit.

The city has stated that any building code irregularities were extremely minor in nature and that Poole was let go because he refused to accept a lower position with the city that was the result of restructuring.

Poole claims he was fired in part because he was trying to hold the city accountable for its failure to comply with city and provincial building regulations and that violations are violations.

"There is no discretion within a municipal bureaucrat to determine that some of these requirements are of no importance and might be disregarded," Poole states in relation to building code violations.

In his rebuttal to the city's statement of defence, Poole also goes to lengths to explain why he was more qualified for the newly-created position of General Manager of Building Services when several departments were amalgamated.

That job went to Todd Salter, who came over from Planning Services.

He said his 20 years as Chief Building Official qualified him for being considered for the position, but instead it was given to someone else Poole felt had "very limited knowledge and experience with the Building Service's operations."

No date has been set for further court proceedings.



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