Duty to Preserve Records, Oct 6, 2025

In response to Alison Gray's assertion that names and addresses pertaining to potential plaintiffs in Severn, Ontario could not be released to us. We contacted MPAC and were advised that this information has already been made public and is in fact available through Severn.

Formal MFIPPA Request     Legal Notice of Duty to Preserve Records – Severn Township

Freedom of Information Coordinator Council Secretary – Alison GrayTownship of Severn info@townshipofsevern.com 

Mayor Mike Burkett – mburkett@townshipofsevern.com Members of Council – council@townshipofsevern.com

Dear Freedom of Information Coordinator, Alison Gray

Please find attached my formal request for access to municipal records pursuant to sections 4(1) and 4(2) of the Municipal Freedom of Information and Protection of Privacy Act (R.S.O. 1990, c. M.56).

According to MPAC coordinator Jack Santos, all the information that I requested is already available public information and subject to a Foia request. MPAC does not provide information that is already public (Severn has it). It is not restricted at this time.                                   SECTION 15 of the act covers that aspect.                              

We do understand Alison’s position on revealing information that could be detrimental to the mayor and councilors. Alison is left to relay the will of council at her own peril unfortunately she and our elected members are there to honor the will of the people first.

From a litigation perspective this data access should be outside of arm’s length and independent. This is serious and if council’s response is not in favor of our plaintiff’s right to know, John Tait will seek a court order to have an independent evaluation of this process and add this to our class registry application.

We have prepared a notice to all watershed/Greenland affected landowners that could be sent out requesting them to contact John Tait regarding the encumbrance. This is just common sense and should have been done by council in the first place.   

This request, as per the original, seeks access to all records, correspondence, reports, GIS mapping data, and council or committee materials concerning ALL watershed, greenland, or environmental encumbrances imposed on private lands within the Township of Severn since 2008. The act assures that this information is properly filed and readily available for landowner concerns.

The Notice is issued under sections 4(1), 4(2), 4.1, and 48(1) (c.1) of MFIPPA and serves to ensure preservation of all responsive records. The subject matter of this request pertains to ongoing and prospective legal proceedings, the Township is reminded of its statutory and common-law obligations to preserve all related materials intact. This notice seeks to inform all potential plaintiffs in Severn Ontario of their opportunity rid themselves of this inequity.

Please confirm receipt of this submission and acknowledgment that a litigation hold has been placed on all responsive records pending completion of this process.

Respectfully,

John Tait

2715 Janes LaneTownship of Severn, Ontario

 info.watersheddebacle@gmail.com 416-938-0737