Fired Windsor planner alleges ‘humiliating treatment’ in $2.8M lawsuit

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A top city hall bureaucrat experienced “humiliating treatment” from the City of Windsor during a “punitive” 18-month termination notice period, a $2.8-million wrongful dismissal lawsuit alleges.

Thom Hunt, who served as Windsor’s planner and executive director of planning and development for 16 years, filed the lawsuit against his former employer on Tuesday — days before the official end of his employment.

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It’s the second seven-figure wrongful dismissal lawsuit from a high-ranking City of Windsor official in just the last four months.

A statement of claim filed with Ontario Superior Court and obtained by the Star alleges Hunt, 60, received notice of termination in January 2023 but was expected to keep working for another year and a half.

During those 18 months, the document claims, the city “deliberately marginalized and disparaged Mr. Hunt, undermining his ability to carry out his functions or maintain the professional independence necessary to serve the public interest.”

The allegations have not been proven in court.

“The city denies all of the allegations and will defend itself accordingly,” Jason Moore, the city’s senior manager of communications and customer service, told the Star in a written statement Thursday.

“As this has now become a legal matter, we will refrain from further comment and allow the legal process to take its course.”

The dismissal was an effort to censor and silence

Danny Kastner, a Toronto-based employment and labour lawyer with Kastner Ko LLP representing Hunt, told the Star his client has been “hit very hard” by what’s happened.

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“This is someone who is an extremely conscientious civil servant,” Kastner said. “To face this kind of political repercussion, to be undermined in doing his work, to have his reputation sullied publicly at a time when he had many more years to give to public service, has been very destabilizing for him.”

Hunt’s termination letter stated he was being fired “due to a change in position,” the lawsuit claims. He had worked as a land use planner for the city for 25 years.

“Contrary to the reasons for termination offered by Windsor, the dismissal was an effort to censor and silence,” the lawsuit alleges. “Windsor singled out Mr. Hunt for uniquely humiliating treatment, with a punitive working notice period inconsistent with the usual treatment of senior staff.”

The court document alleges Hunt was terminated “for political reasons,” and “in retaliation against Mr. Hunt.”

In December 2020, Hunt was elected chair of the Regional Planning Commissioners of Ontario, a position council endorsed, the document said. His election “was a recognition, among professional planners across Ontario, that Mr. Hunt is a leader in his field.”

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As chair, Hunt issued a series of public reports that were “critical of the provincial government’s legislative reforms connected to development of the Ontario Greenbelt and the provincial housing crisis,” the document claims.

In February of 2022, the lawsuit claims, a performance appraisal of Hunt included concerns about staff shortages that “ignored” Hunt’s “past efforts to increase staffing, which had been turned down by council.” At the time, there was “an unprecedented increase in the number and complexity of development applications being processed by department staff.”

The staffing concerns “had come from the mayor’s office,” the document alleges.

On Jan. 23, 2023, Hunt convinced the council budget committee to approve seven new permanent full-time staff and one new temporary position. The next day, Hunt learned he was being fired.

Among other things, Hunt was allegedly prevented from attending meetings, denied access to the Windsor email network, and “repeatedly” threatened about his work and communications.

Elected officials and administrators were falsely advised that Hunt was retiring, and other employees “without the necessary skills or experience” were assigned to “responsibilities that would normally fall within (Hunt’s) portfolio.”

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As a result of Hunt’s treatment at city hall, he went on an extended medical leave that began in June 2023, the statement of claim said.

But the “professional marginalization and negative treatment continued while Mr. Hunt was on medical leave,” the document alleges.

When he returned to work in January 2024, Hunt “immediately faced warnings regarding media interactions and continued to face professional marginalization,” the document alleges.

That included restricting Hunt’s authority to speak with the media, and a refusal to return “essential responsibilities” to Hunt. He was prevented from attending some meetings, and prevented from presenting some information to city council.

At the meetings he was allowed to attend, the “scope” of Hunt’s comments was “unduly” restricted, and he was told to “not offer advice or opinion,” the document alleges.

The lawsuit claims the city’s “bad faith misconduct undermined Mr. Hunt’s authority, called into question his professional reputation, and prevented him from fulfilling key job duties, making him appear to be incompetent, unprofessional, and unprepared.

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“Windsor’s actions have effectively undone a career’s worth of faithful and diligent civil service.”

Filing a lawsuit was the “last thing that Thom wanted to do,” Kastner said.

“The reason he was compelled is because it has become clear to him that the city’s conduct towards him has irreparably damaged his reputation across the province,” he said.

“He continues to be able to contribute so much, given his experience and skills. There’s a very real question about whether any municipality would engage him because of the damage to reputation he’s suffered as a result of the City of Windsor’s conduct.”

Hunt is seeking $1.83 million in damages for breach of contract and wrongful dismissal, $500,000 in damages for bad faith in the manner of his dismissal, and another $500,000 for aggravated and/or punitive damages.

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Hunt’s dismissal was not made through a unilateral mayoral decision, as was the case when city engineer Chris Nepszy and city solicitor Shelby Askin Hager were terminated by Windsor Mayor Drew Dilkens in November 2023. The lawsuit claims Hunt received notice of his termination before Dilkens was granted enhanced authority under provincial strong mayor legislation.

In March, fired city engineer Chris Nepszy alleged a “top-down culture of corruption” at the City of Windsor and cited orders from superiors to “keep the mayor happy at all costs” in a $1.55-million wrongful dismissal lawsuit.

The city has denied the allegations made against it in the Nepszy lawsuit. Those allegations have also not been proven in court.

Howard Levitt, Nepszy’s lawyer, told the Star there had been no updates in that lawsuit since May, when his firm filed a reply to the City of Windsor’s statement of defence.

tcampbell@postmedia.com

twitter.com/wstarcampbell

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