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Calgary Herald

Former Calgary councillor rewarded costs in court battle with development family

Article content Council amended its indemnification policy at its Feb. 8, 2021 meeting. Terrigno, in his lawsuit, argued that Farrell violated Section 172(1) of the MGA by voting for the amendment to be discussed in closed session at that meeting, claiming she had a pecuniary interest in the matter due to her use of the indemnity fund. Article content Angotti did concede in her memorandum of decision that 'it is undisputed' that Farrell had a pecuniary interest, but noted she had declared the conflict properly and abstained from voting on the amendment itself. Article content 'Ms. Farrell denies that she did or failed to do anything that violated the MGA, as she properly declared her pecuniary interest,' Angotti wrote. 'She believes that Mr. Terrigno is bringing this application for vindictive reasons or simply to obtain costs.' Article content After Farrell resigned from her council seat ahead of the 2021 election, the Terrignos sought a declaration that their application be deemed moot, because it would entitle them to apply to recover costs against Farrell. Article content In 2023, Justice Michel Bourque ruled the fact Farrell was no longer on council did not make the Terrignos' application to force her resignation moot. Article content But while Farrell will be awarded costs for the indemnification suit, the defamation action from the Terrignos against her remains active. Article content Mike Terrigno, in a statement Friday, said the family is pleased the judge's decision confirmed that Farrell 'breached her duties as a councillor in preferring her own financial interest over her duties to the public.' Article content He added he expects the defamation action against her to go to trial in 2026. Article content 'Our family is looking forward to having this matter behind us as it has caused serious harm to our family which is the basis of the lawsuit,' he wrote. Article content 'We are particularly concerned that taxpayer funds are being used to defend Ms. Farrell for her malicious and defamatory statements about our family although the whistle-blowers who have come forward to give evidence against her clearly remember the defamatory statements she made to them.' Article content Article content Striking the opposite tone, a statement from Farrell's legal counsel said Angotti's decision reflects that the former councillor's violation of the MGA was merely technical and committed in good faith. Article content 'The court dismissed all of Mr. Terrigno's many other allegations against her,' the statement read, noting that because Farrell was found to be the winning party, the court awarded costs against Terrigno for bringing this action in the first place. Article content 'Ms. Farrell will continue to defend herself against any and all claims that she acted inappropriately or allegations that she caused anyone damages.' Article content In early 2024, the Terrigno family resurrected their plans to develop on the site of their former restaurant in Kensington.