Open Letter to Minister Rob Flack
- Reid Mulcahy
- Oct 29
- 10 min read
Updated: Nov 10
Minister Rob Flack
Ministry of Municipal Affairs and Housing
777 Bay Street, 17th
Toronto, Ontario M7A 2J3
Re: Tay Valley Township and municipal conflicts of interest
September 28, 2025
Dear Minister Flack,
I am writing with a request for the Ministry of Municipal Affairs and Housing to investigate improper conduct by the municipality of Tay Valley Township, and to conduct a formal review of the increasingly common practice of municipal lawyers holding a dual role as municipal Integrity Commissioners.
Recently, I was served notice that Tay Valley Township is taking legal action against me and the children’s nature centre that I have been operating for eight years. For those eight years, I have lived under continuous threat of litigation by the municipality over baseless claims, as have others who operate businesses here. As I will demonstrate, I believe that there is sufficient evidence to warrant an independent investigation into the pattern of legal harassment, conflict of interest, and misuse of public funds.
Blueberry Creek Nature Centre
In the spring of 2017, I bought a property in Tay Valley Township (TVT) with the goal of establishing a not-for-profit children’s forest school. Before purchasing the property, I contacted TVT in writing to explain the project, and I was informed that the property is zoned Commercial “C,” and the forest school would fall under “Community Service” or “Recreation,” therefore the project would be compliant. The purchase went ahead, I was granted the necessary permits, and I invested over $140,000 into setting up the Blueberry Creek Forest School and Nature Centre. A building on the property that had previously operated as a Bed and Breakfast became an Airbnb hotel, with revenues funding the school. By the end of 2017, there was a sudden reversal of the township’s support for the project, and a pattern of harassment began .
A permit was granted for an art studio, on September 25th, 2017. A Stop Work Order was issued days before completion on November 17, 2017. This order was never lifted, and as a result, the building was destroyed by the elements. In the spring of 2025 this matter was settled out of court under a strict confidentiality ban from the township.
Tay Valley Township was aware of the intended use prior to operation in writing. Early in 2018 TVT threatened litigation to stop the nature centre’s operation, arguing the nature centre was permitted to promote education but not to deliver it. The township hired a planner to alter the definition of “school” in the township’s bylaws in such a way that would make the forest school non-compliant. This was discovered through multiple MFIPPA requests. Of these requests, TVT withheld 998 pages. Tay Valley Township spent 66k on lawyer fees to block these requests, and hired a part time clerk for this purpose.
TVT initiated a lengthy “Site Plan agreement” that they asked I keep secret from Council "It goes without saying that this offer must be kept in strict confidence - Council has not seen this agreement". In the townships Site Plan agreement they state a permitted use of the land would be “providing educational experiences for the public and children through play and exploration and fostering ecological literacy and healthy living.” Our lawyer responded “the site plan agreement cannot make lawful an activity that is unlawful under the zoning by-law. It seems obvious that “delivering education” and “providing educational experiences” are exactly the same thing.”. There was extensive media coverage during this time.
Time spent in Closed Session, in-camera meetings for "Litigation or Potential Litigation” is striking.
In 2023, 6 of 16 in-camera meetings involved litigation. In 2024 3 of 7 in-camera Council meetings were for litigation, including an Ontario Land Tribunal Mediation. 3 additional litigations in 2024 were brought forward in Committee of the Whole Meetings:
1. June 4th: 485 Keays Road
2. August 13th: Severance file #B23/146
3. October 1st: Building Permit #115-2017 (our studio build)
In 2025 TVT Council Minutes there have 3 other properties identified for Litigation or Potential Litigation
June 17th: 136 North Burgess 8th Concession (although there is no link to the agenda or minutes on the TVT website, this can be found in the August 26, 2025 Agenda)
September 23rd: 447 Long Lake Road
September 23rd: 750-761 Christie Lake Lane 32D
In 2025 TVT Committee of the Whole (COW) minutes, 5 properties have been identified as under Litigation or Potential Litigation
February 11th 752 Beaver Dam Lane
February 11th 942 Bathurst 9th Concession
June 3rd 22823 Highway 7
June 3rd: 750-761 Christie Lake Lane 32D (also on the August 12th agenda)
June 3rd: 244 Maberly Elphin Road
This is 9 individual properties in under two years under litigation, for a township of 6000.
What is not mentioned in any minutes is Tay Valley Township's most recent litigation against Blueberry Creek Nature Centre that was delivered in June 2025. The September 9th COW meeting was cancelled.
The former Reeve of TVT hand delivered me a letter that council would vote that we were compliant with zoning, but only if I agreed to never sue Council or any staff at Tay Valley Township. I did not sign, and the vote did not pass. "Council is prepared to vote on passing a resolution to recognize that the operation of the Blueberry Creek Nature Centre is currently in compliance with the requirements of the Zoning-By-Law for a Community Services Use. The Township requires assurance that it will not be the subject of a legal claim of any type in the event the Council resolves to accept the current operations as compliant, including that no actions will be brought against any current or former councillor or staff related to this matter..."
As our nature centre has three miniature goats and six hens for the children to interact with on a rural homestead. On August 14th, 2023 TVT threatened litigation on the claim that I was operating a “livestock facility” and ordered us to get rid of our animals. TVT lawyers also wrote they would move to close down our Airbnb. Our lawyer responded we were compliant under our zoning, and we never received a response from the township.
On April 8, 2025 TVT lawyers wrote that I needed to “cease the illegal operation of the Airbnb within thirty days, failing which I will seek instructions from my client to further legal action.”. The township argues that although we are a commercial property with both Hotel and a Motel as permitted uses (and meet the township's exact definition of hotel), the township states we also classify as a lodge, which is not permitted in a 1:100 year floodplain by the Rideau Valley Conservation Authority. Both our Community Service and Airbnb were in operation well before the township adopted the floodplain designation to our property in 2018. The RVCA is not involved in this matter.
On June 26th I was served with a court order seeking an injunction by Tay Valley Township to close down our Airbnb. We will advance to court in January 2026.
Until I was served notice on June 26th, 2025, none of the repeated threats of litigation by Tay Valley Township over the past eight years were enforced. This serves as evidence that I was never in actual violation of municipal bylaws. Being compliant, unfortunately, did not protect me from harassment by the municipality. Defending myself against the municipality’s threats of litigation and a building permit has cost me over $400,000. It is worth noting the conflict of interest that a sitting counsellor also operates an AirBnB. It is also worth noting that I was served immediately following three significant events in the weeks prior:
1. Our lawsuit against Tay Valley Township for our studio build was completed under a strict settlement agreement. I question how these gag orders are permitted under a Municipal Township with public funds, and have since been informed there are at least 3 other settlement agreements in recent years.
2. We were finally able to complete our new bridge at a cost of 134k, after asking the RVCA to allow us to rebuild it since 2018. This was 60k higher than our original quote in 2018. TVT shares an office and budget with the RVCA, and the RVCA opened their own "Folley Mountain Forest School" in 2018. The latest affidavit from the township focuses on the old bridge as being their reason to sue us over the Airbnb, even though the bridge has been replaced and this bears no relevance to the case.
3. The plan to widen Highway 7 and expand the culvert was approved. This will significantly lower the creek that runs under our bridge.
How much the municipality has spent on this unfounded eight-year assault is unknown.
Disproportionate Litigation Spending
Tay Valley Township spends a significant amount of its budget on litigation for a township of 6000, as well on insurance that covers additional litigation. In the 2025 budget, contracted services for legal and insurance add up to over 112k - this is separate from the 28k for property and liability insurance. There is also the“land use planning and zoning” that listed 5k for legal use in 2024, with 59k spent before year's end in September. Ontario Land Tribunal legal fees doubled their 2024 budget from 20k to 41k spent, yet the 2025 budget for them is 0.
Staff salaries have almost doubled in five years,and will exceed one million in 2025, with Amanda Mabo topping the 91st percentile of all township administrators at 171k in 2024.
Conflict of Interest: Dual Role of Lawyer and Ethics Commissioner
In addition to an independent investigation into Tay Valley Township’s conduct, I am requesting that your ministry conduct a province-wide review of the increasingly common practice of municipal lawyers holding the dual municipal role of Integrity Commissioner. The practice is rife with conflict of interest and incentive to misuse municipal funds to engage in litigation against residents and businesses. The only beneficiary of such litigation are the lawyers, and the only recourse that targeted taxpayers have is to complain to the lawyer who is suing them. This practice should be terminated immediately, and municipalities that have engaged in disproportionate levels of litigation against its residents and business owners should be subject to assessment, audit, and disciplinary action as appropriate.
Other Businesses and Residents
Other local residents have spoken out on concerns on how the staff and Council conduct business in TVT:
Whether or not these eight years have been a personal vendetta, the fact remains that individuals and businesses who have been targeted by this municipality have endured irrational, excessive, and arbitrary threats, permit revocations, and attacks on our rights as property owners, business owners, and citizens.
Conclusion
In conclusion, based on the evidence presented here, I am requesting that you, Minister Flack, authorize:
An independent investigation into the conduct of Tay Valley Township to determine whether the municipality has upheld the highest standards and rules governing ethical conduct under the Municipal Act.
A comprehensive province-wide review of litigation spending practices by municipality. This would have many advantages, including the promotion of government transparency, and the creation of a dataset that would permit your government, and the public, to determine whether municipalities whose solicitor holds the dual role of Ethics Commissioner spend more on litigation per capita than municipalities which do not have this potential conflict of interest. It would also allow for deeper analysis, such as determining how many municipalities are represented by the same lawyer, such as Tony Fleming who claims to act as legal counsel for 80 municipalities, and how much individual law firms profit year over year from representing Ontario municipalities. If there is a pattern of legal predatory behaviour, a province-wide review and creation of a dataset would extract the evidence to identify it and enable your ministry to take corrective action.
The introduction of legislation to prohibit municipal lawyers from holding a dual role as Integrity Commissioners, as a preventative measure against the potential for conflict of interest, misuse of public funds, and municipal overreach of power.
I look forward to your response to these problems and proposed solutions.
Thank you,
Robyn Mulcahy
CC:
Scott Reid, MP, Lanark-Frontenac
John Jordan, MPP, Lanark-Frontenac-Kingston
Paul Dubé, Ontario Ombudsman
Appendix: News Articles
Weir, L. (2025, July 9). ‘We’re not going anywhere’: Inside Blueberry Creek’s long fight to stay open. Hometown News. https://www.hometownnews.ca/inside-blueberry-creek-fight-stay-open/.
“At some point, you have to ask: who is this really serving?” she said. “The children, the taxpayers or the lawyers?”
Weir, L. (2025, July 8). ‘I belong here’: Families defend Blueberry Creek Nature Centre amid legal feud. Hometown News. https://www.hometownnews.ca/families-defend-blueberry-creek-nature-centre/.
Mulcahy calls it a technicality weaponized into a legal threat. “They say the fourth bedroom changes everything,” she said. “But I was never told that at the time. If someone had just asked me to close one room, I would have.”
Weir, L. (2025, July 7). Court date looms for Blueberry Creek Nature Centre in Tay Valley Township near Perth. Hometown News. https://www.hometownnews.ca/court-date-blueberry-creek-nature-centre/.
“This is about much more than a zoning technicality,” Mulcahy said. “It’s about whether a community-based, volunteer-run forest centre can survive under constant legal threat.”
Ki Sun Hwang, P. (2024, November 22). This Ontario town hired its own lawyer as integrity watchdog. Residents say that's not OK. Tony Fleming says he's integrity commissioner for about 80 municipalities and there's no issue. CBC News. https://www.cbc.ca/news/canada/ottawa/this-ontario-town-hired-its-own-lawyer-as-integrity-watchdog-residents-say-that-s-not-ok-1.7386197.
Upon learning about the dual role, some residents and former councillors told CBC News the situation is "totally wrong," and said they felt "aghast" and "perplexed" as to why the township is allowing this… Fleming says he's now the integrity commissioner for about 80 municipalities in Ontario, and fulfilling dual roles as solicitor in about 20 of those communities.
Zandbergen, N. (2024, March 1). Farmers sue new neighbour, township after barn building permit revoked: Farmer was granted barn permit but it was pulled to allow for new house across the road. Farmers Forum. https://farmersforum.com/farmers-sue-new-neighbour-township-after-barn-building-permit-revoked/.
Mike and Kyla Truelove say Tay Valley Township revoked their building permit for a new barn after they had begun construction... they’ve already spent $60,000 to date on planning and legal fees and have nothing to show for it.
Egan, K. (2018, August 22). Couple spends more than $100K to create children's nature centre — township calls it illegal. Ottawa Citizen. https://ottawacitizen.com/news/local-news/egan-couple-spends-more-than-100k-to-create-childrens-nature-centre-township-calls-it-illegal.
Trouble began last fall when the couple obtained a building permit to replace a mouldy old structure with a bright art studio for the children to use [but] as the walls of the new building went up... a stop-work order was imposed, freezing construction just as the snow was about to fall.
Devoy, D. (2018, May 17). Tay Valley likely to begin Superior Court legal action against Blueberry Creek school. Perth Courier. https://www.insideottawavalley.com/news/tay-valley-likely-to-begin-superior-court-legal-action-against-blueberry-creek-school/article_46190eca-649e-5ee8-b4f4-f8cf9dc8f9ed.html.
Mulcahy wrote that “we are shocked and saddened (that) they continue to pour the township’s resources into something that has been such a benefit to our little community,” she wrote. “It looks like Tay Valley Township is going to pursue closing down our school through legal action.”
Devoy, D. (2018, March 5). Blueberry Creek School fighting Tay Valley Township over art studio. Perth Courier. https://www.insideottawavalley.com/news/blueberry-creek-school-fighting-tay-valley-township-over-art-studio/article_d36b4c9b-9028-5e2f-bd1f-ac3a9ab16eb3.html.
The stop-work order occurred three days before the construction was due to end, and “we don’t really know what it is all about,” said Mulcahy... She charged that the township acted “in bad faith” by giving the green light to the project before changing its mind. “Why are they pouring so many resources (into this)?” she asked.
Comments