September 15, 2026
2238
David J.R. Secord, a descendant of Dr. Solomon Secord, and Corporation Athabasca have commenced legal proceedings against the Corporation of the Municipality of Kincardine arising from the destruction of the historic Dr. Solomon Secord Monument.
The announcement was made in a press release, issued Tuesday by the Secord family.
The Secord Monument stood on the grounds of the Kincardine Public Library for more than a century before being removed in 2023 and ultimately destroyed by the municipality, Sept. 17, 2024, states the release.
The Statement of Claim alleges that the monument was privately funded and erected by local citizens and was never established to be property of the municipality. According to the claim, the municipality's director of corporate services and treasurer advised council at its Sept. 11, 2024, meeting that the monument was not on the municipality's list of assets. The claim further alleges that Kincardine councillor Bill Stewart independently reviewed the municipal asset records and reached the same conclusion. He, subsequently, voted against council's decision to “decommission” the monument.
The original Dr. Solomon Secord Monument in downtown Kincardine (right)
FAMILY REQUESTED RETURN OF MONUMENT
According to the Statement of Claim, Sept. 13, 2024, David Secord contacted the municipality, identified himself as a descendant of Dr. Solomon Secord acting on behalf of the Secord family, advised that the family did not want the monument destroyed, and requested that it be returned to the family at the family's expense.
The claim alleges that no one from the municipality responded. Four days later, Sept. 17, 2024, the monument was destroyed. According to the claim, the monument had been in secure storage for approximately 18 months. The claim alleges that the monument was transported to a private contractor's yard and ground down under municipal supervision.
DESTRUCTION DISCLOSED APPROXIMATELY FOUR WEEKS LATER
Sept. 23, 2024, counsel then acting for Secord wrote to the municipality requesting that the monument not be harmed and that it be returned to the Secord family. Neither Secord nor his counsel knew at that time that the monument had already been destroyed six days earlier. The claim alleges that municipal counsel acknowledged the correspondence but did not disclose that the monument had already been destroyed. According to the claim, Oct. 15, 2024, the municipality advised that the monument had been destroyed Sept. 17, 2024.
TWO FREEDOM OF INFORMATION APPEALS UNDER WAY
Separately from the litigation, Secord has pursued two Freedom of Information requests concerning municipal records relating to the monument. In a July 10, 2026, interim decision on the first request, the municipality estimated that approximately 124 pages were responsive. The request concerned communications between the mayor and council, communications involving council and municipal staff, and draft motions and supporting materials. The municipality identified responsive material including E-mails from the mayor to council, communications, and media materials, briefing notes and a suggested draft motion.
The municipality subsequently advised that 28 records would be withheld in their entirety, with information severed from 12 of the 27 records being disclosed.
Secord filed an appeal with Ontario's Information and Privacy Commissioner (IPC), Aug. 21, 2026, challenging the withholding and severances and requesting disclosure of all information that the IPC determines is not properly exempt under Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
A second Freedom of Information request resulted in an interim estimate of approximately 499 responsive pages. The municipality's subsequent decision identified 35 records, with 23 records comprising 63 pages being disclosed and 12 records withheld in full.
Secord filed a second appeal, Sept. 11, 2026. That appeal asks the IPC to review the reasonableness and completeness of the municipality's search and the difference between the approximately 499 pages initially estimated to be responsive and the considerably smaller body of records addressed in the final decision.
“I am not speculating about the contents of records that have not been disclosed,” said Secord said. “I am simply pursuing the statutory appeal process available to me and seeking the fullest disclosure permitted by law.”
REPLACEMENT MONUMENT NOW COMPLETE
Following the destruction of the original monument, the Secord family undertook to have it re-created. The replacement Dr. Solomon Secord Monument is now complete, preserving the distinctive sundial, inscriptions, and commemorative character of the original memorial.
“The original monument cannot truly be replaced,” said Secord. “It stood in Kincardine for more than a century. Following its destruction, our family made the decision to re-create the monument, and that work is now complete.”
The new re-created Dr. Solomon Secord Monument (right), completed in September, 2026, preserves the distinctive sundial and historic inscriptions of the original; photo courtesy of the Secord family
LEGAL ISSUES WILL NOW BE DETERMINED BY THE COURT
The legal action advances claims in conversion and, in the alternative, negligence and misfeasance in public office.
“The purpose of commencing this proceeding is to have the legal issues surrounding the destruction of the monument determined through the proper court process,” said Secord. “People may hold different views about Dr. Solomon Secord, his history, and the monument. The issue now before the court is a legal one concerning the circumstances in which the original monument was destroyed.”
The allegations contained in the Statement of Claim have not been proven in court, and the municipality will have an opportunity to respond.
Written ByLiz Dadson is the founder and editor of the Kincardine Record and has been in the news business since 1986.
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