LAWSUIT FILED AGAINST COUN. MCCANN TO PROCEED

LAWYER FOR PLAINTIFF SAYS MCCANN HAS 30 DAYS TO FILE A NOTICE OF INTENT TO DEFEND

WARNING: This article contains details of sexual assault and may be upsetting to some readers.

The civil lawsuit filed against Barrie Coun. Mike McCann by a city employee who alleges she was harassed and sexually assaulted by him in 2019 will move forward.

A lawyer for plaintiff Amanda Kelly, currently on leave but who was working as senior business innovation and entrepreneurship officer at the municipality when the alleged incident occurred, confirms a representative for McCann was served with the necessary paperwork at their south-end Barrie residence.

Effective June 15, McCann has 30 days to file a Notice of Intent to Defend.

"We look forward to receipt of Mr. McCann's Statement of Defence, if any, and moving Amanda's action forward," said Parker Sim LLP lawyer Jonas Granofsky, on behalf of Kelly.

Kelly alleges, in a statement of claim, McCann made her fear harm through "threats, words and gestures" during an after-party at a downtown bar following a work-related Christmas function on Dec. 19, 2019.

Kelly alleges McCann instigated three separate episodes between October and December of that year.

None of the allegations have been proven in court.

McCann hasn't responded to multiple attempts to contact him, but has previously told other media outlets he will "vigorously defend (myself) in court" if served.

Kelly is seeking $200,000 in general and special damages as well as any other costs the court deems just.

In early spring, Simcoe.com obtained a copy of a confidential city staff report from Oct. 20, 2020, about an internal complaint launched by Kelly, as well as a related document from human resources firm HR Strategic Partners Inc. dated Aug. 4.

HR Strategic Partners' document — which doesn't name McCann, but instead uses the term "respondent" — is referenced multiple times in the Oct. 20 staff report and found Kelly's allegations about what happened Dec. 19, 2019 were substantiated, on a balance of probabilities.

The firm concluded the respondent's conduct toward the employee was "inappropriate and demeaning" and "likely intimidating, humiliating and offensive," offered a benefit in exchange for an "insinuated intimate or sexual favour," and included unwanted physical contact and unwelcome sexual advances, leering and sexually suggestive comments.

If you are a survivor of sexual assault, there is help. Huronia Transition Homes can be reached at 1-800-9870799 for support or online at huroniatransitionhomes.ca. For a localized list of rape crisis centres Ontario wide, visit sexualassaultsupport.ca.