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Former top building official wants big bucks from the city

City has previously denied claims that city circumvented provincial and municipal building codes on its own projects
20160201 Guelph City Hall Sign KA

The City of Guelph's former chief building official is suing the city for $1 million for wrongful dismissal.

Bruce Poole, 57, claims he was fired in part because he was trying to hold the city accountable for its failure to comply with provincial building regulations and its own by-laws.

"The city terminated Bruce's employment without notice or warning or just cause in retaliation for his attempts to force the city to comply with the BCA (Building Code Act), OBC (Ontario Building Code) and city's by-laws and his launching of complaints about the treatment he had previously undergone," reads the statement of claim filed in Ontario Superior Court of Justice on Feb. 11.

Poole, who worked for the city for almost 31 years, was fired last August. He is seeking $650,000 in lost compensation and benefits and $350,000 in aggravated and punitive damages.

The city has yet to file a statement of defence and none of Poole's allegations have been proven in court.

Monday night city chief administrative officer Ann Pappert said the city would not be commenting on the legal proceedings.

Last November Pappert told local media that the city did not violate or circumvent the building rules and regulations.

"On this I will be unequivocally clear: The City of Guelph holds its own facilities to the same rigorous standards as every other building in the city, and continually ensures its facilities are safe and compliant," Pappert told the Guelph Mercury.

"It would be a serious ethical breach for anyone to expect exemption from the (Ontario Building Code). Likewise, it would be a serious ethical breach for any Chief Building Official (CBO) to proffer exemption. Every one of the projects referenced had building permits, and each of those have been closed following a final inspection to the satisfaction of the building department," Pappert stated in November.

Contacted Tuesday, Poole also declined comment on the advice of his lawyer.

Poole's statement of claim says that starting in 2013 he and his staff "repeatedly raised concerns about the city's failure to legally obtain permits, request mandatory inspections and to clear outstanding violations of the OBC."

He said he sent an email to Pappert and the city's executive team regarding these issues in July 2014.

"The next day, July 11, 2014, Bruce was summoned to a meeting with several of the city's management team at which he was criticized for his activity related to the building code issue," the statement of claim reads.

"One of the members of the management team specifically and explicitly warned Bruce that the position he was taking on the building code issues may have negative consequences for his career."

Poole's court filing claims that after that meeting the city's executive team began freezing him out of discussions and decisions and ignoring his requests for information and direction regarding his job.

Poole said it was a "poisoned workplace environment."

He took a medical leave of absence for six weeks in 2015, during which time he says he was demoted and relieved of many of his former duties and responsibilities and that his salary was reduced.

"The city demoted Bruce ... without cause and with the intent of punishing Bruce for his attempts to cause the city to comply with the BCA, OBC, Guelph building by-law and despite glowing performance evaluations," the claim reads.

In April 2015, Poole lodged complaints of workplace harassment and discrimination against CAO Pappert and three deputy CAOs.

Poole's statement of claim states that the investigator of that complaint told him "the city would pay Bruce a lot of money to keep him quiet."

Still a building official, Poole issued an order to comply against the City of Guelph on July 8, 2015 regarding a particular building permit file. Non-compliance would have led to charges against the city, the statement of claim says.

He says he was offered a paid voluntary leave of absence 13 days later, which he declined.

While on vacation shortly after, the file in question was resolved.

Just before returning from vacation he was notified he was being placed on a non-voluntary paid leave of absence.

Three days later he was called in, told the human resources investigation found his harassment allegations were not substantiated.

Two days after he was let go.

The claim says that the entire ordeal has left Poole with mental distress, psychological injury and made it difficult to find new employment.

"The conduct of the city was harsh, vindictive, reprehensible and malicious," the claim states.

The city has 20 days after being served to respond to the allegations.

Poole began working with the city in 1984 as a residential plans examiner/building official and rose through the ranks before becoming a senior building inspector in 1994 and finally Chief Building Official in 1995.

He is being represented by Kitchener law firm Giffen LLP.


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Tony Saxon

About the Author: Tony Saxon

Tony Saxon has had a rich and varied 30 year career as a journalist, an award winning correspondent, columnist, reporter, feature writer and photographer.
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