One of the defendants named in a City of Hamilton 's lawsuit passed away several years ago. He and 63 others federal staff members in the Environment and Fisheries departments are alleged to have "deliberately and unlawfully used their public office to harm the City by attempting to imperil and prevent, and in the result substantially delaying, completion of construction of the Red Hill Creek Expressway."

In a statement released earlier today, Friends of Red Hill Valley suggests the lawsuit is intended "to punish these civil servants for attempting to do their job and protect the Canadian environment." Friends calls the lawsuit "vicious and despicable behaviour by the City of Hamilton."

Hamilton is seeking $75 million in damages, or more than one million from each of the named defendants. It argues that delays caused by the federal environmental assessment increased the cost of the expressway by $50 million, and is demanding an additional $25 million in "aggravated, exemplary and punitive damages", as well as interest and all court costs.

Friends disputes the claim that the expressway costs have risen. They point out that 1989 city estimates for the combined Lincoln Alexander Parkway and Red Hill Creek Expressways were only $7 million lower than the price tag given in this year's city budget, and that inflation has risen by 35% since 1989.

The Friends statement also notes that road cost rose only marginally between the beginning of the federal assessment in 1998 and the court decisions blocking its continuation in 2001.

The lawsuit was filed in Kitchener on April 1 by David Estrin, a lawyer for Gowling LaFleur Henderson. This law firm has already collected over $3 million from the city for expressway related legal actions. Friends also notes that they were major contributors to Paul Martin's successful bid last year to become leader of the Liberal Party and Prime Minister of Canada .

It is unclear why the launch of the lawsuit was kept secret since April. Red Hill legal issues have been discussed in council meetings at least twice since then, but both times the debate took place 'in camera' and no resolutions were adopted in an open session of council.

The statement of Friends of Red Hill Valley can be found at: http://www.hwcn.org/link/forhv/whatsnew/up200409/up040929.htm