4 ay | g | Court FiteNo- | | 599)/3 8 “ONTARIO SUPERIOR COURT OF JUSTICE, BK ores WOELLAND BETWEEN: FREDRICK BRACKEN and ANDREW PETROWSKI, PUBLIC INTEREST LITIGANTS ‘Applicant. sand JOHN MASCARIN aka REGION OF NIAGARA INTEGRITY COMMISSIONER, REGION OF NIAGARA, COUNCILOR DAVE AUGUSTYN, COUNCILOR BRIAN BATY, COUNCILOR HENRY D'ANGELA, COUNCILOR BOR BENTLEY, COUNCILOR TONY QUIRK, COUNCILOR SANDRA EASTON, COUNCILOR BILL HODGSON, COUNCILOR JIM DIODATI, COUNCILOR BOB GALE, COUNCILOR PATRICK DARTE, COUNCILOR GARY BURROUGHS, COUNCILOR JOHN MALONEY, COUNCILOR WALTER SENDZIK, COUNCILOR BRIAN BEIT, COUNCILOR TIM RIGBY, COUNCILOR DEBBIE MACGREGOR, COUNCILOR BRUCT, TIMMS, COUNCILOR KELLY EDGAR, COUNCILOR ‘TED LUCIANI, COUNCILOR APRIL JEFFS, COUNCILOR FRANK CAMPION, COUNCILOR PAUL GRENIER, COUNCILOR GEORGE MARSHALL, COUNCILOR DOUGLAS JOYNER, Respondents APPLICATION UNDER 5 101 of the Courts of Justice Act, Rule 40 of the Rules of Civil Procedure, Rule 14.05(3)(g1) of the Rules of Civil Procedure, and Canadian Charter of Rights and Freedoms ss. 1, 2, 7, 24 and Constitution Act, 1982,s,52 NOTICE OF MOTION (returnable May 10,2017 at Welland) FOR INTERIM, INTERIM, ‘RELIEF, PENDING A FULL APPLICATION HEARING ON THE MERITS AT TRIAL TO: 7 JOHN MASCARIN aka REGION OF NIAGARA INTEGRITY COMMISSIONER, REGION OF NIAGARA, COUNCILOR DAVE AUGUSTYN, COUNCILOR BRIAN BATY, COUNCILOR HENRY D'ANGELA, COUNCILOR BOB BENTLEY, COUNCILOR TONY QUIRK, COUNCILOR SANDRA EASTON, COUNCILOR BILL HODGSON, COUNCILOR JIM DIODATI, COUNCILOR BOB GALE, COUNCILOR PATRICK DARTE, COUNCILOR GARY BURROUGHS, COUNCILOR JOHN MALONEY, COUNCILOR WALTER SENDZIK, COUNCILOR BRIAN HEIT, COUNCILOR TIM RIGBY, COUNCILOR DEBBIE MACGREGOR, COUNCILOR BRUCE TIMMS, COUNCILOR KELLY EDGAR, COUNCILOR TED LUCIANI, COUNCILOR APRIL JEFFS, COUNCILOR FRANK CAMPION, COUNCILOR PAUL GRENIER, COUNCILOR GEORGE MARSHALL, COUNCILOR DOUGLAS JOYNER,Court File No. ONTARIO SUPERIOR COURT OF JUSTICE WELLAND BETWEEN: FREDRICK BRACKEN and ANDREW PETROWSKI, PUBLIC INTEREST LITIGANTS Applicant -and- JOHN MASCARIN aka REGION OF NIAGARA INTEGRITY COMMISSIONER, REGION OF NIAGARA, COUNCILOR DAVE AUGUSTYN, COUNCILOR BRIAN BATY, COUNCILOR HENRY D'ANGELA, COUNCILOR BOB BENTLEY, COUNCILOR TONY QUIRK, COUNCILOR SANDRA EASTON, COUNCILOR BILL HODGSON, COUNCILOR JIM DIODATT, COUNCILOR BOB GALE, COUNCILOR PATRICK DARTE, COUNCILOR GARY BURROUGHS, COUNCILOR JOHN MALONEY, COUNCILOR WALTER SENDZIK, COUNCILOR BRIAN BEIT, COUNCILOR TIM RIGBY, COUNCILOR DEBBIE MACGREGOR, COUNCILOR BRUCE TIMMS, COUNCILOR KELLY EDGAR, COUNCILOR ‘TED LUCIANI, COUNCILOR APRIL JEFFS, COUNCILOR FRANK CAMPION, COUNCILOR PAUL GRENIER, COUNCILOR GEORGE MARSHALL, COUNCILOR DOUGLAS JOYNER. Respondents NOTICE OF MOTION (returnable May 10,2017) FREDRICK BRACKEN and ANDREW PETROWSKI, applicants in a pending application and this notice of motion, will make a motion to a Judge on May 10, 2017 at 10:00am or as soon after that time as the motion can be heard, et 102 Bast Main St , Wellarid, Ontario ( the ‘Court’. PROPOSED METHOD OF HEARING: orelly THE MOTION IS FOR AN ORDER: 1. allowing Fredrick Bracken end Andrew Petrowski to be considered public interest litigants in this notice of motion and pending application; 2, an order allowing for interim , interim, relief restraining the Region of Niagara from disclosing any ‘final code of conduct reports’ into the public record, from respondent John Mascarin, Regionof Niagere Integrity Commissioner from May 10, 2017 until full application hearing of the merits can be heard by the Court; an order restraining respondent John Mascerin, Region of Niagara Intregrity Commissioner , rom further accepting or receiving any ‘code of conduct complaints’ regarding the Region of Niagara ‘code of conduct’ complaint process as of the date of this motion; such further and other grounds as the applicant may advise at the hearing of the motion. THE GROUNDS FOR THE MOTION ARE: Applying or adapting the criteria proposed by the Ontario Lew Reform Commission in its Report on Standing, the applicants are public interest litigants; ‘The Applicants submit that the legal principals governing interim, interim relief and the protection of Charter Rights supports the applicants’ motion for an interim , interim injunction to stay the implementation of respondent Region of Niagara John Mescarin’s final reports, as well as to prevent respondent John Mascarin receiving or adjudicating any further complaints using the Region of Niegara code of conduct’ policy pending a full application hearing at tial. ‘The RIR test for an interlocutory injunction asks whether: (@) there is a serious question to be tried with respect to the ‘code of conduct’ and whether the findings of guilt by respondent John Masearin violate Andrew Petrowski's rights under ss, 2, 7, and 15 of the Canadian Charter of Rights and Freedoms; (b) the applicant, Andrew Petrowski would suffer ireparable harm to reputation and livelihood if the interim relief is not granted; (©) the balance of convenience favors granting interim relief injunction. Jn this case the Applicants submit that all these questions should be answered in the affirmative, and so interim relief should be ordered. ‘THE CONSTITUTIONALITY OF THE IMPUGNED 'REGION OF NIAGARA CODE OF CONDUCT’ PROVISION RAISES A SERIOUS QUESTION TO BE TRIED This case easily meets the first requirement in the RJR test, which requires that an application not be frivolous or vexatious, In fact, there is little room to doubt that respondent John Mascarin's “final reports' violate applicant Petrowski's rights under ss.2, 7, and 15 of the Charter as the final reports’ punish applicant Petrowski's content of expression, and of which expression is prima facie protected by the Charter. As the Supreme Cour in Irwin Toy has declared, any limit on amotion: ‘content’ based restriction, in purpose or effect, must be justified by the government under s.1 of the Charter. The egions 'code of conduct’ hes never been tested in any court, THERE WILL BE IRREPARABLE HARM IF AN INJUNCTION IS NOT GRANTED In order to show irreparable harm, the moving panty must demonstrate thet it is harm that ‘cannot be quantified in monetary terms or which cannot be cured. Courts have held that irreparable harm includes loss of goodwill or irrevocable damage to reputation, Joss of market share (though not necessarily irreparable if the loss is recoverable) end permanent loss of natural resources. In this case, if interim roliof is not granted, applicant Petrowski will be forever known as a ‘bully’ as respondent John Mascarin has declared in his final report that applicant Petrowski ‘bullied’ another regional councilor named Dave Augustyn; If interim relief is not granted, applicant Petrowski will have little chance of procuring any private sector employment as he will be known all around the region and beyond, as a bully: BALANCE OF CONVENIENCE Since the Region of Niagara ‘code of conduct’ will need to be justified under s.1 of the Charter as 2 lawful ‘content’ based restriction on Charter rights, the balance of convenience in this case favors an injunction until the Region of Niagara ‘code of conduct! and the constitutionality of the code, can be determined at tral THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the the affidavit of Andrew Petrowski, swom May 3, 2017; the affidavit of Fredrick Bracken, sworn May 3, 2017; such further and other documents as counsel may advise and this Honorable Court may permit. Date: May 3, 2017TO: JOHN MASCARIN aka REGION OF NIAGARA INTEGRITY COMMISSIONER, REGION OF NIAGARA, COUNCILOR DAVE AUGUSTYN, COUNCILOR BRIAN BATY, COUNCILOR HENRY D'ANGELA, COUNCILOR BOB BENTLEY, COUNCILOR TONY QUIRK, COUNCILOR SANDRA EASTON, COUNCILOR BILL HODGSON, COUNCILOR JIM DIODATI, COUNCILOR BOB GALE, COUNCILOR PATRICK DARTE, COUNCILOR GARY BURROUGHS, COUNCILOR JOHN MALONEY, COUNCILOR WALTER SENDZIK, COUNCILOR BRIAN HEIT, COUNCILOR TIM RIGBY, COUNCILOR DEBBIE MACGREGOR, COUNCILOR BRUCE TIMMS, COUNCILOR KELLY EDGAR, COUNCILOR TED LUCIANI, COUNCILOR APRIL JEFFS, COUNCILOR FRANK CAMPION, COUNCILOR PAUL GRENIER, COUNCILOR GEORGE MARSHALL, COUNCILOR DOUGLAS JOYNER. APPLICANTS: FREDRICK BRACKEN 242 Jarvis St , Fort Erie, L2A2S5, Email: foracken77@yahoo.ca ANDREW PETROWSKI 1092 Lakeshore Rd. W St. Catharines, ON L2R 6P9 Tel (905) 646 4633