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Barrie councillor served with sexual harassment lawsuit: lawyer

'Mr. McCann was served the claim via an alternative to personal service,' says official from law firm representing city staffer
2022-03-29 mike mccann resize NEW
Mike McCann is the city councillor representing Ward 10 in Barrie.

Barrie Coun. Mike McCann was effectively “served” with a statement of claim Wednesday for the $200,000 employment-related, sexual harassment lawsuit he faces.

“I have not been personally served,” McCann said on Friday.

“Mr. McCann was served the claim via an alternative to personal service by leaving a copy with an adult member of his household and subsequently mailing a copy to his household pursuant to the… rules of civil procedure,” said Jonas Granofsky of Parker Sim LLP.

Parker Sim represents Amanda Kelly, 32, a senior business innovation and entrepreneurship officer with the City of Barrie, who has cited three alleged instances in the statement of claim, which was filed Jan. 17 in Ontario Superior Court.

It is alleged this harassment came in the form of "unwanted touching of a sexual nature, sexualized comments, sexual advances, and sexual solicitations."

The 19-page statement of claim notes that Kelly has been in her position with the city since February 2018 and is now on a medical leave of absence. 

None of the allegations have been tested in court.

McCann has 20 days from June 15 to file a statement of defence.

“It’s been two and a half years where I’ve been silenced and not able to say my side of the truth,” McCann said. “I am working with a lawyer to go over my statement of defence.

“I want the public to know my side of the truth," he added. 

In late March, when the statement of claim came to light, McCann said the allegations were serious but he had not been served with the statement of claim. The rules of civil procedure in Ontario allow for six months to serve a statement of claim once it has been issued (Jan. 17) by a court.

“If I do get served, I will vigorously defend myself in court,” he said at that time.

McCann has now been served.