Ousted mayor of small northern Ontario city hopes court appeal will see him reinstated

The voters made their choice in the fall, but now, who fills the mayor's seat in Elliot Lake is in the hands of three judges.

Former city councillor Chris Patrie was elected mayor of the small northern Ontario city in October 2022, but in January, just weeks after he was sworn in, he was removed from office by a court decision on a conflict-of-interest complaint from 2019.

It's alleged he tried to convince his fellow councillors to build a proposed multi-million-dollar recreational complex on land near a commercial plaza where Patrie owns a store.

He has now appealed that decision and a panel of three judges heard his case on Wednesday. 

'Entirely speculative'

Patrie's lawyer, Brian Duxbury, argued the original judge to rule on this case made conclusions that are "entirely speculative."

He said as a city councillor, Patrie argued that the new arena complex should be built on land near the local ski hill already owned by the municipality, pushing against the purchasing of the former Algo Centre Mall property.

Duxbury argued that by "confusing and conflating" different proposed sites and different time periods in this long-running debate in Elliot Lake, the judge came to "infer" that Patrie was "masterminding a scheme to somehow make the ski hill the hub."

"The evidence does not support that," Duxbury told the panel of three judges.

He also questioned the argument that Patrie had a conflict of interest in suggesting the arena complex be built near the Oakland Plaza, which he has financial interest in.

"You put a $30 million complex in a town of 10,000 people, everybody benefits," Duxbury told the court, arguing further that the judge interpreted the "issues of [Patrie]'s conduct," including testy exchanges with other city councillors, as a sign of conflict of interest.

Patrie's lawyer called the four-year wait for a court decision "fundamentally unfair" and asked the judges that if this has been a "matter of hot political debate in Elliot Lake" that perhaps the voters have already ruled on it in the October municipal election by choosing Patrie as their mayor.

"And is that where it should stay? And should the court weigh into that? Have the voters spoken?" Duxbury said. 

"Is the court being pulled in a little bit here to declare a winner?"

He further argued that Elliot Lake city council didn't properly pass a bylaw authorizing the integrity commissioner to conduct investigations, something the city lawyers dispute.

As part of his appeal, Patrie also wants the panel of judges to re-examine the previous ruling that forces him to pay $90,000 in the legal costs incurred by the integrity commissioner firm, which his lawyer described as "doubling up."

Raivo Uukkivi, a lawyer for the integrity commissioner, told the court that Patrie is presenting "no palpable overriding error" with the original verdict and just wants to "re-argue" the case.

He also said it was not uncommon for cases to take years to make it through the court process and called it a "dangerous proposition" for delays to influence a judge's ruling.

Lawyer Jeremy Martin, also representing the Elliot Lake integrity commissioner, argued that Patrie himself is to blame for the delays by employing a "defence strategy that probably works pretty well in politics," but ultimately results in "driving up the cost of the application."

There's no word on when the judges will reach a decision on Patrie's appeal.

If they agree with the ousted mayor, he could be reinstated. If not, Elliot Lake city council would decide how to fill the mayor's seat, with a by-election being the most likely option.