Clerk seeks peace bond against deputy mayor

Rob Antle
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Avondale's town clerk has filed a court application seeking a peace bond against the deputy mayor.

Linda Bourgeois-Fraser made the application at provincial court Oct. 2.

In her application, Bourgeois-Fraser says she has reasonable grounds to fear that Donna Phillips of Avondale will cause her personal injury.

Last month, Phillips was acclaimed to Avondale town council. At a meeting Sept. 18, she was selected deputy mayor.

Avondale's town clerk has filed a court application seeking a peace bond against the deputy mayor.

Linda Bourgeois-Fraser made the application at provincial court Oct. 2.

In her application, Bourgeois-Fraser says she has reasonable grounds to fear that Donna Phillips of Avondale will cause her personal injury.

Last month, Phillips was acclaimed to Avondale town council. At a meeting Sept. 18, she was selected deputy mayor.

Bourgeois-Fraser's application cites intimidation and foul language, among other reasons, for seeking the peace bond.

Her claims have not been proven in court.

Contacted Thursday, Bourgeois-Fraser confirmed that she had filed the peace bond application.

Phillips declined comment, other than to indicate she will dispute the application and planned to meet a lawyer today.

According to the provincial court website, a person who believes, subjectively, that another person will injure them, or another member of their family, or cause damage to their property may apply for a recognizance, or peace bond.

The information must be filed and sworn to before a justice of the peace.

If the justice is satisfied, they can issue a summons to the respondent for a court appearance.

In the Avondale case, a court date has been set for later this month.

If the matter is not mutually resolved during that first court appearance, a hearing will be held.

Both sides are permitted to present evidence, call witnesses and make submissions.

The applicant must satisfy the judge that his or her fear is reasonably held for a peace bond to be ordered.

The Avondale council has been in turmoil for years.

In 2007, the council asked the provincial government to review its operations. Six of the seven councillors then quit and the Department of Municipal Affairs disbanded council and appointed an administrator to take over town operations.

A replacement five-member council was elected in a subsequent byelection.

A regular municipal election was scheduled for this fall.

But the new council was acclaimed in September, when three sitting members withdrew their names the day after the nomination deadline.

One seat remains empty, and will be filled in a special election later this month.

A conflict immediately erupted between the incoming council, which wanted to be sworn in immediately, and the outgoing council, which wanted to stay on until the official end of its term.

Avondale's mayor, Bern Hickey, could not be reached before deadline.

rantle@thetelegram.com

Organizations: Avondale, Avondale town council, Department of Municipal Affairs

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Recent comments

  • Chuck
    July 02, 2010 - 13:33

    Peace Bond!! What a joke! This is just a tactic that people use to make someone else's life difficult. You must satisfy a justice of the peace and then a summons is issued to appear in court. Very low threshold there! There should be repercussions for the applicant if they can't prove their alleegations and then see how fast they are to file bogus claims! It costs nothing to file an application and there is nothing at stake for the applicant. It is just a farce!

  • Glenn Quagmire
    July 02, 2010 - 13:32

    Giggity Giggity Goo Cat fight...

  • Fed Up Avondale Citizen
    July 02, 2010 - 13:30

    I don't generally get involved with this bantering concept but my patience has been totally exhausted by this situation. First of all, we the taxpayers, did not vote those idiots in to the positions, they used their typical style of disregard for people and property to get in the positions that they are in today. We did not vote them in, we do not want them there, we want the council under Mayor Flaherty back and those other fools banned not only from council, but from our town. They have embarrassed the citizens of this town for way to long. They do not have the best interest of our town on their minds, they have the destruction of our town on their minds. The dirt, car wrecks, trailers, buses falling down buildings -- yeh, that is a real indicator of a truly dedicated, professional mayor for a town. We are a small town but we are a real town, with good people who don't agree with the foolishness that is ongoing. It is up to Municipal Affairs to step in and handle this situation, come on Ms. Minister, do your part for Avondale residents. Step up to the plate, it is not like you or your office are unfamiliar with those individuals -- you know them well. And the unfortunate thing is, so do the residents of Avondale. Please help us get our town back.

  • Watcher
    July 02, 2010 - 13:27

    Um, aren't these people elected by the residence of Avondale? Sounds to me like more people need to get out and vote.

    Like the saying goes, you get what you pay for...

  • DeeBee
    July 02, 2010 - 13:16

    ... and this is different from the antics of other municipal councils all across the province, how? OK, OK... a peace bond is a little different, but you have to wonder about the people in the area if they voted these yahoos in as councillors/mayor. Was there no one else to choose from?

  • Sarah
    July 02, 2010 - 13:12

    Agreed with Taxpayer. Entirely.

  • Embrassed
    July 02, 2010 - 13:12

    I am originally from this beautiful picturisque town and I'm totally embrassed by the imature and childish antics that have been going on with this town council for years. Grow up and start acting like adults and leaders...the mayor SHOULD clean up his junk yards and all those highly visible areas that deface Avondale to those who drive through the main roads coming off the TCH and down through the main access roads to the CBS highway. Some of those properties are the Mayors and people he knows. Most people there are hard working and try to take care of their properties...There could be so many spin offs that would benefit the town especially attracting former residents to retire there, Summer vacationers who live in St. John's and want to 'get away' from work for a few days, etc. Focus on the great potentals this town has at meetings and stop the petty bickering...PLEASE...

  • Taxpayer
    July 02, 2010 - 13:11

    What an absolute shame that such a beautiful town has to become a laughing stock because of these imbeceils. The mayor himself is responsible for half the run down buildings and rusted out car wrecks in the town. I heard the mayor tell Bill Rowe a few weeks ago that...as long as you keep the wheels on 'em they can't do nutin about it. This is leadership? These are the people that this town elected? The Gov. should once again step in to ensure that all is on the up and up here.

  • Chuck
    July 01, 2010 - 20:22

    Peace Bond!! What a joke! This is just a tactic that people use to make someone else's life difficult. You must satisfy a justice of the peace and then a summons is issued to appear in court. Very low threshold there! There should be repercussions for the applicant if they can't prove their alleegations and then see how fast they are to file bogus claims! It costs nothing to file an application and there is nothing at stake for the applicant. It is just a farce!

  • Glenn Quagmire
    July 01, 2010 - 20:21

    Giggity Giggity Goo Cat fight...

  • Fed Up Avondale Citizen
    July 01, 2010 - 20:19

    I don't generally get involved with this bantering concept but my patience has been totally exhausted by this situation. First of all, we the taxpayers, did not vote those idiots in to the positions, they used their typical style of disregard for people and property to get in the positions that they are in today. We did not vote them in, we do not want them there, we want the council under Mayor Flaherty back and those other fools banned not only from council, but from our town. They have embarrassed the citizens of this town for way to long. They do not have the best interest of our town on their minds, they have the destruction of our town on their minds. The dirt, car wrecks, trailers, buses falling down buildings -- yeh, that is a real indicator of a truly dedicated, professional mayor for a town. We are a small town but we are a real town, with good people who don't agree with the foolishness that is ongoing. It is up to Municipal Affairs to step in and handle this situation, come on Ms. Minister, do your part for Avondale residents. Step up to the plate, it is not like you or your office are unfamiliar with those individuals -- you know them well. And the unfortunate thing is, so do the residents of Avondale. Please help us get our town back.

  • Watcher
    July 01, 2010 - 20:15

    Um, aren't these people elected by the residence of Avondale? Sounds to me like more people need to get out and vote.

    Like the saying goes, you get what you pay for...

  • DeeBee
    July 01, 2010 - 19:56

    ... and this is different from the antics of other municipal councils all across the province, how? OK, OK... a peace bond is a little different, but you have to wonder about the people in the area if they voted these yahoos in as councillors/mayor. Was there no one else to choose from?

  • Sarah
    July 01, 2010 - 19:50

    Agreed with Taxpayer. Entirely.

  • Embrassed
    July 01, 2010 - 19:49

    I am originally from this beautiful picturisque town and I'm totally embrassed by the imature and childish antics that have been going on with this town council for years. Grow up and start acting like adults and leaders...the mayor SHOULD clean up his junk yards and all those highly visible areas that deface Avondale to those who drive through the main roads coming off the TCH and down through the main access roads to the CBS highway. Some of those properties are the Mayors and people he knows. Most people there are hard working and try to take care of their properties...There could be so many spin offs that would benefit the town especially attracting former residents to retire there, Summer vacationers who live in St. John's and want to 'get away' from work for a few days, etc. Focus on the great potentals this town has at meetings and stop the petty bickering...PLEASE...

  • Taxpayer
    July 01, 2010 - 19:47

    What an absolute shame that such a beautiful town has to become a laughing stock because of these imbeceils. The mayor himself is responsible for half the run down buildings and rusted out car wrecks in the town. I heard the mayor tell Bill Rowe a few weeks ago that...as long as you keep the wheels on 'em they can't do nutin about it. This is leadership? These are the people that this town elected? The Gov. should once again step in to ensure that all is on the up and up here.