Another good reason to look at a lease

BEFORE HER APPOINTMENT to the bench, Superior Court Justice Francine Van Melle spent a decade as an Oakville lawyer specializing in family law.

Whatever else might be said, her endorsement holding that Orangeville's representatives on Dufferin County Council cannot take part in a debate on sale of the former CPR line north of the town fails to meet a longstanding requirement of appellate courts that trial judges' reasons for decision appropriately address the issues raised before them.

In correspondence with the client Town, Stutz & Associates lawyer Robert Brown notes "the absence of any review of the prevailing case law in her endorsement," adding that it was "clear to us that she clearly failed to consider the purposes and policy of the Municipal Act, and the Municipal Conflict of Interest Act, in rendering her decision."

He added that the judge "failed to consider the far-reaching ramifications of her decision and the general application that this ruling has on the definition of 'pecuniary interest' and how her ruling will impact the relationships between the constituent municipalities of an upper tier municipal government."

But clear as it is that this decision is wrong and should be overturned, it's no reason for a long delay in deciding what should happen to the rail corridor.

On the contrary, it's another good reason for the County to opt instead to lease the corridor to the Highland Group, if only to ensure that the potential remains for multiple use of the 66-foot-wide right of way.