Kirkland man upset town used his tax dollars to sue him - Action News
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Montreal

Kirkland man upset town used his tax dollars to sue him

A Kirkland man, already unhappy with the municipality of Kirkland because of legal and financial issues relating to cross-connected pipes, said Tuesday that another level of government appears to be letting him down.

Kirkland used public funds to sue Sergei Brovkin for defamation

Sergei Brovkin was sued for defamation by the town of Kirkland and one of its councillors. He's upset because the town used public funds to pay for the lawsuits. (Shawn Apel/CBC)

A Kirkland man, already unhappy with the municipality of Kirklandbecause of legal and financial issues relating to cross-connected pipes,saidTuesdaythat another level of government appearsto be letting him down.

"I am really really disappointed with the way these things are handled by the ministre," said Sergei Brovkin, referring tothe Municipal AffairsMinistry."Again, this is yet another body that is being paidthrough our tax money."

Brovkin's legal problems started in 2011, when he wrote on the Kirkland Citizen websiteabout the cross-connections, and aboutstatements from one councillor Andr Allard regarding how much itwould cost for homeowners to repair the problem. The councillor and town of Kirkland sued Brovkin for defamation.

Brovkin spent thousands of dollars defending himself against thecharge, and eventually judges at Quebec Superior Court and then at theCourt of Appealdismissed the case, vindicating him.

But Kirklandpaid for the town's case against him,meaning he as a taxpayer fundedthe case against himself.

(Officials in Kirkland, including Allard, told CBC News they were not allowed to say how much they spent suingBrovkin.)

'Complex legal matter'

In November 2012, Brovkin asked the Municipal Affairs Ministry to look intotown's decision, contending the councillor who initially felt defamedshould have paid for the suit himself.

Brovkin is still waiting,hearing most recently from the ministry at the end of January.

"Mr Brovkin, our department is still processing your complaint," anemail said, "due to a complex legal matter."

The ministry declined tocomment to CBC News, instead referring to Article 604.6of the Cities andTowns Act, which spells out when municipalities can cover the costs ofa councillor's defence or representation.

For Brovkin, though, the issue is clear-cut.

"The persons who got me into this and got involved into this affairthemselves should have paid all the expenses out of their pocket, notout of my pocket," he said.

Allard, for his part, maintained the town was right to sueBrovkin, but added, "If the same situation would repeat itself, we
would take a different approach, for sure."

A ministry spokesperson said she didn't know when a decision would bemade on Kirkland's spending.