Confidentiality questions resurface as Blueberry Creek dispute remains before the courts
TAY VALLEY — Tay Valley Township paid a $65,000 settlement to Robyn Mulcahy earlier this year related to a long-running dispute on the property where Blueberry Creek Forest School and Nature Centre operates, according to information shared with Hometown News by Lanark–Frontenac–Kingston MP Scott Reid.
Blueberry Creek Centre has been the subject of multiple municipal actions dating back to 2017. That year, the township issued a building permit for a small studio intended for educational use on the site, then later issued a stop-work order. Construction halted and only a concrete pad remains. The forest centre has continued to operate.
Reid spoke with Hometown News about the issue and said he obtained the full settlement agreement after requesting it for federal reporting purposes, as Members of Parliament must disclose income received by their spouses.
Reid provided a summary of the clause, which requires Mulcahy to keep the terms confidential except where disclosure is required by law. The clause states she may share information with immediate family members, legal counsel and financial advisors, but must advise them of the confidentiality requirement. It also specifies that those legally entitled to receive the information — including a Member of Parliament reporting under the federal Conflict of Interest Code — may disclose it if required by law.
The MP said he reported the $65,000 amount to the Parliamentary Ethics Commissioner.
Reid said he shared the settlement information with Hometown News because he said believes the use of nondisclosure clauses in municipal settlements prevents residents from speaking publicly about their experiences and about costs paid by taxpayers.
In his email, he wrote that “the only way to stop this abuse is to make it public,” adding that he has learned of “several other” residents who have signed similar agreements. Reid said the township’s “sole purpose” in requiring confidentiality is “to hide… the high cost of the legal bills that township staff have run up.” He said residents are “in practice, compelled” to sign because of the high cost of pursuing litigation.
“My motivation for revealing this information to you is simple,” he wrote. “I want to do what I can to bring an end to the following shameful pattern of behaviour.”
Township declines to confirm settlement details
Hometown News asked Tay Valley Township to confirm the settlement amount and to answer questions about the approval process, the signing date, whether a nondisclosure clause was required, the budget line in which the payment was recorded and whether similar confidentiality requirements have been used in other settlements since 2017.
In a written response on Nov. 14, Clerk and CAO Amanda Mabo wrote: “The Township cannot comment on specific settlements. However, it is standard practice in litigation for parties receiving a settlement to sign a release which includes a confidentiality clause. This is the case because settlement is not an admission of wrongdoing, it is typically a cost-benefit analysis of the risk and high cost of litigation.”
Mabo did not confirm the $65,000 amount and did not answer questions regarding who approved the settlement, when the agreement was signed or whether other settlements have included confidentiality clauses.
Blueberry Creek Forest Centre has been the subject of multiple municipal actions over several years. Earlier this year, Hometown News reported on Tay Valley Township’s separate court application concerning the use of an accommodation building on the site. The township argues the building meets its zoning definition of a lodge, which is not a permitted use.
Mulcahy’s filings state the building operates as a bed-and-breakfast and meets the bylaw’s definition of a hotel, which is a permitted use. That matter remains before the court, with a hearing expected in January.
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