THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA

BY-LAW NUMBER 28-2007

Being a By-law to Authorize the Mayor and Clerk to Sign Minutesof Settlement between David Alexander Ives and the Corporationof the Town of South Bruce Peninsula

WHEREAS through the Ontario Superior Court of Justice David Alexander Ives andThe Corporation of the Town of South Bruce Peninsula have negotiated a settlement asshown in the Minutes of Settlement Court File No. 03-388.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNOF SOUTH BRUCE PENINSULA ENACTS AS FOLLOWS:

1. THAT the Mayor and Clerk are hereby authorized to sign Minutes of Settlementas noted in Court File No. 03-388.

2. THAT a copy of the Minutes of Settlement shall be attached hereto and form partof this by-law.

READ a FIRST and SECOND time this 14th day of May, 2007.

MOVED BYMAYOR

SECONDED BYCLERK

READ a THIRD time and FINALL Y PASSED this _ day of , 2007.

MOVED BYMAYOR

SECONDED BYCLERK

+5193161135 1-183 P.OD4/D07 F..44D

Court File No. 03-388

ONTARIOSUPERIORCOURTOF JUSTICE

BETWEEN:

DAVID ALEXANDER IVES

Plaintiff

-and-

THE CORPORATIONOF THETOWNOF SOUTHBRUCEPENINSULA

Defendelllt

S OF SETl'LEME

The Parties hereto hereby agree to a fulI and final settlement of all of theoutstanding issues in these proceedings as follows:

1. The Defendant, The Corporation of the Town of South Broce Peninsula(hereinafterreferred to as the '"Employef~),shall forthwith pay to the Plaintiff, DavidAlexander Ives (hereinafter referred to as the "Employee"), the sum of FIFTEENTHOUSAND DOLLARS ($15,000.00)as severancepay~less all applicable statutorydeductions.

2. The Employer shall f~with pay to the Employee, or as the Employee may direct,the sum of TWENTY THOUSAND DOLLARS ($20,000.00) as contribution towardsthe legal fees of the Employee.

3. The Parties acknowledge and agree that the above-noted consideration includf:sany and all interest and any oilier payments that the Employer may have owed, now doesowe or may in the future owe to the Employee in relation to the Employee's employmentwith the Employer or the termination thereof. .

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4. The Employee shall forthwithobtain an Order dismissingthe within action OIlawithoutcostsbasis.

5. The Employee shall forthwith execute a Full and Final Release in the formattachedas Schedule"A" hereto.

6. The Parties acknowledgeand agree that the settlementarrived at herein does notand shall not constitutean admissionof liabilityon the part of the Employerand, in fact,any liabilityis expresslydenied.

7. The Parties acknowledgeand agreethat the tenns and conditionsof the settlementhereinarebeing madeon a withoutprejudiceand on a non-precedentsettingbasis.

8. The Parties acknowledge and agree that these Minutes of Settlement are in full ~mdfinal satisfaction of all outstanding claims and/or issues arising out of the Employee'semployment with the Employer and subsequent termination thereof.

DATED this day of April, 2007, at Owen 8<?und,Ontario.

) TIm CORPORATIONOFTIm) TOWNOFsourn BRUCEPENINSULA))) Per:))) Per:

We have the authority to bind the Corporation

-tvDATED this /6 day of April, 2007, at Owen Sounl

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as to the signature ofDavid Alexander Ives

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SCHEDULE..AII

FULL ANDFINAL RELEASE

KNOW ALL MEN BY THESE PRESENTS that I, DAVID ALEXANDERIVES, hereinafter

referred to as the Releasor, of the Town of South Broce Peninsula, in the County of Bruce, iu

consideration of the total sum. of THIRTY-FIVE TIIOUSAND DOLLARS ($35,000.00)

allocatedas follows:FIFTEENTHOUSANDDOLLARS($15,000.00)as severance:pay, less all

applicablestatutorydeductions,and TWENTYmOUSAND DOLLARS($20,000.00)for legalcosts, being paid by TIm CORPORATION OF THE TOWN OF SOUTH BRUCEPENINSULA,hereinafter referred to as the Releasee, to the Releasor. the receipt of which is

herebyacknowledged,do herebyrelease,remise and foreverdischargethe Releasee,its directors,

officers, employees and agents, successors and assigns and all other related or subsidiarycorporationsof and from any and all actions, causes of action, claims, complaints, suits, debts,

statutOI)'rights, includfug those ,conferredby the EmploymentStandardsAct, R.S.O. 1990"c.

El4, as amended,or remediesand demandsof everynature or kind includmg,but not limitedto,

any and all matters arising out of Superior Court of Jmtice, Court file no. 03-388, at Owen

Sound, Ontario and, in particular,without llinitingthe generalityof the foregoing,arisingout ofor in any way connected with my employmentwith the Releasee or the termination thereof,

including any and all claims for damages, salary,wages, vacation pay, commissions,bonuses,

expenses, allowances,incentivepayment retirement or pension allowanceor any other right or

benefit in anyway arisingout of my employmentwith the Releaseeor the terminationthereof.

Without limiting the generality of the foregoing, I acknowledge that all claims against Ihe

Releasee have been fully satisfied and that the above-notedconsiderationincludes any and allinterestto whichI maybe entitled.

And for the said considerationI fUrthercovenantand agree to release and foreverdischargeand

agree not to make any claims or demandsor cause any proceedingto be instituted against the

Releasee,pursuant to any legisIatiionor otherwise including,without limiting the generalityof

the foregoing, the WorkplaceSafety and Insurance Act, the Employment SrandardsAct, tb.e

CanadaLabour Code, the LabourRelationsAct, the Human Rights Code or the Pay EquityActor anysuccessorlegislationthereto.

And for the said considerationI furthercovenantand agreenot to make anyclaim or instituteany

proceedingsagainst any other person or corporationwho might claim contributionor indemnityfromthe Releasee.

j_ _ _JI£ _

2

And for the said considerationand the nature of the said paymentherein I further covenant:md

agree to saveharmless and indemnifythe Releasee from and againstany and all claims.charges.

taxes or penaltiesor demandswhich maybe madeby the MmistcrofN ationalRevenuerequiringthe Releasee to pay income tax :underthe Income Tax Act (Canada) in respect of income tax

payable by me in excess of the income tax previouslywithheld; and in respect of any and all

claims, charges, taxes, or penalties and demandswhich may be made on behalf of or related to

Human Resources Development Canada or the Canada Pension Commission under the

appHcableStatIltesand Regulations.with respect to any amountswhich may, in the future,be

foundto be payableby the Releaseein respect of me.

I understandthat the foregoingpaymentsare made without any admissionof liabilityon the part

of the Releasee and in fact any such liability is hereby denied. I further understand and

acknowledgethat the foregoing payments are being made on a without prejudice and non-

precedentsettingbasis.

I declare that the terms of this severance are fully understood by me and that the terms :and

conditions are accepted voluntarily by me and with full legal advice by my independent solicitOJ:',

who has advised me in all respects concerning this settlement and Release.

The provisions in this Release shall enure to the benefit of the respective hetts, executors, estate

trustees. administrators. succeSScJ)fSand assigns of the Releasee and shall be binding upon the

heirs, executors, estate trustee~ administrators. successors and assigns of the Releasor.

t-vIN WITNESS WHEREOF I have hereunto set my hand and seal tlris/6 day of April. 2007.

SIGNED. SEALED AND DELNEREDin the presence of

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