London Downtown Business Association fires back at lawyer, claims conflict of interest

Just over a week after frustration over the status quo came to a head at the annual meeting of the London Downtown Business Association (LDBA), the board is objecting to the choice of lawyer representing disgruntled members.

In a letter issued Thursday (included below), the law firm representing the board alleges that Michael Lerner should not be allowed to represent board members because he represented the LDBA roughly three years ago, and as a result, had access to information about the organization through the solicitor-client relationship.

“Law firms owe a duty of loyalty to their current and former clients… they do not consent to you acting against them” reads the letter from Polishuk, Camman & Steele.

“It is incumbent on you to see to this matter with alacrity and if you fail to do so we will seek instructions to have you removed by the courts.”

Tweet This Click to share quote on Twitter: "It is incumbent on you to see to this matter with alacrity and if you fail to do so we will seek instructions to have you removed by the courts."

Lerner has been representing an anonymous group of LDBA members who have raised several concerns, including a lack of consultation ahead of decisions on major downtown projects and disagreement over the current board member election process and management itself.

At one point, several media outlets reported that a petition of unknown origin circulating among LDBA members specifically singled out Janette MacDonald, the long-time general manager of Downtown London which consists of the LDBA and MainStreet London, a similar group.

MacDonald will speak to the matter live on the Craig Needles Show on Global News Radio 980 CFPL at 9:05 a.m. Friday, Feb. 1.

At last week’s annual meeting, the association was asked to form an ad hoc committee to delve into the issues raised. In Thursday’s letter, the law firm states the committee will be formed, but with some changes.

The letter argues that many members are “unaware or unclear” about whether Lerner is representing them and that there are many members who are not represented by Lerner that “made important points and raised important questions” at the meeting.

“Secondly, it is important that the ad hoc commitee include representation from non-levy paying Members. Your clients have asserted that if a member does not pay a levy, they do not have ‘skin in the game’. This is a very unfortunate (and inaccurate) characterization,” the letter continues.

WATCH: Overcrowding patients impacting Ontario hospitals

2:25 Overcrowding patients impacting Ontario hospitals

It adds that an ad hoc committee will, as a result, consist of seven members plus a facilitator that the board chooses.

Global News Radio 980 CFPL has reached out to Lerner, who was not immediately available to provide comment.