A decision from the Human Rights Tribunal of Ontario on Monday rejected allegations of racism made by two councillors from Whitby, clearing the Town of Whitby but resulting in over $53,000 in legal fees for taxpayers.
Chris Leahy and Steve Yamada claimed that the town, Mayor Elizabeth Roy, councillors Niki Lundquist and Rhonda Mulcahey, as well as Whitby’s Integrity Commissioner Principles Integrity, acted with racism and said other councillors directed microaggressions toward Yamada because of his background after he stepped down from his largely ceremonial deputy mayor role in June 2024.
The Tribunal’s ruling found that the applications “have no reasonable prospect of success” since “the events and allegations set out in the applications did not occur within any of the social areas dealt with by the Code.”
Before this decision was made, legal representatives for those accused urged the applicants to withdraw their claims. They pointed out that previous independent investigations-costing taxpayers more than $100,000-had uncovered “no evidence” of discrimination and indicated that established Human Rights Tribunal jurisprudence suggested these claims were outside its jurisdiction.
So far, Whitby has spent about $53,682 on external legal costs related to these recent applications. The final costs will be calculated once all associated administrative and legal matters have been resolved, according to a statement from the town.
Mayor Roy expressed relief at the Tribunal’s dismissal of the claims but noted her “concern and disappointment” about taxpayers bearing these legal expenses.
“This cost adds to around $100,000 spent by the town during this council term investigating allegations made by these councillors – all proving to be baseless.”
Whitby Councillors Chris Leahy (left) and Steve Yamada
Lundquist, who works as a human rights and labour lawyer, mentioned she had advised both councillors that the Tribunal “didn’t have jurisdiction over this type of dispute” and provided them with publicly available case law “so they didn’t have to take my word.”
“I’m relieved it’s over but as a resident I’m not happy we had to pay for it.”
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Yamada responded to the ruling only with a post on social media stating he would “always stand up for residents by opposing high tax increases and pushing for responsible spending, affordability, and decisions that respect local families’ pressures.”
The controversy regarding Yamada’s treatment during his short time as Deputy Mayor in spring 2024 has repeatedly come up during council meetings filled with claims about “silenced” councillors, lengthy questioning of report authors, procedural tactics employed against one another-and even emotional moments.
The narrative also included Mayor Elizabeth Roy’s public assertion about “vindication” following an investigation by the town’s Integrity Commissioner which cleared her while sanctioning both Leahy and Yamada due to their racism accusations.
After resigning from his deputy mayor position in June 2024 during discussions confirming Lundquist’s new role as deputy mayor, Leahy interrupted with accusations against Roy and others regarding racism.
Roy demanded an apology or Leahy’s departure from the chamber. He refused either request; thus leading to an adjournment after a brief break while Leahy later alleged council conducted a ‘secret meeting’ during their absence.
The latter allegation against Roy was dismissed while eventually both Yamada and Leahy faced sanctions from Whitby’s Integrity Commissioner for code violations resulting in each losing a week’s pay.
This spring before municipal elections began campaigning officially on May 1st , Roy emphasized respect should be at “the foundation of public service,” urging an end to “toxic” behavior within council ahead of voters heading into elections scheduled for October 26th.
“We can have strong debates about important issues without resorting to deliberate misinformation or divisive tactics eroding public trust. Whitby is a strong community that’s engaged-and we’re better than this.”
A recent uptick in misinformation leading up towards nomination day prompted Roy’s press conference where she stood alongside East Ward Councillor Victoria Bozenovski plus support from multiple other elected officials.
Roy referenced coordinated actions aimed at creating outrage among residents including:
A Rebel News vehicle circulating around town showing signs encouraging locals sign petitions calling for ‘Fire Victoria Bozinovski’ A ruling released Tuesday asserting councillor Chris Leahy breached council’s Code twice through disrespectful actions towards staff Robocalls made last November spreading false information regarding both Roy & whether residents would vote her or Leahy into mayorship. $100K expended by town probing unsubstantiated claims targeting Roy; additionally stemming lawsuits filed late last year An uptick harassment instances aligning with nominations opening upcoming May
Accordingly stated its critical members feel safe executing duties effectively throughout council procedures. p >
“If we let this continue unchecked we risk losing democracy itself.” p >
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