Election 2026 · Advance voting underway · Election day October 17

Who authorized Delta’s legal spending? The records are still missing

Sarbjot Singh Locham

Resident & Editor, DCC Now – Delta Community Concerns

October 8, 2026. Advance voting is underway. Election day is October 17. This post does not republish the fee totals. Those are already on the record. It asks who authorized the spending, and what records explain the decision. It does not allege wrongdoing.

Public money was used. The missing piece is the authorization.

Already on the record

DCC Now’s August 18, 2026 freedom-of-information request, File 0580-20/2026-167, produced the City’s 2024 and 2025 legal-fee totals for Grewal v. City of Delta and Kruger. The City confirmed the litigation is resolved and formally terminated, said there was no insurance claim, withheld the invoices as solicitor-client privileged, and refused any settlement amount under settlement privilege. GST was not stated in dollars. 2026 figures were not yet available.

Those totals are not the complete public cost. A refusal to disclose a settlement amount does not establish who paid a settlement, or whether one was paid.

Fee record: dccnow.com/grewal-kruger-legal-fees-foi. October 2 questions: dccnow.com/delta-legal-bill-who-authorized.

What is still unanswered

Not knowing the dollar amounts and not approving the decision are two different things. The public record does not show which of these happened:

• Council approved paying Councilor Kruger’s defense, and any settlement, in a closed meeting.
• An existing bylaw or policy allowed staff to retain lawyers and pay invoices without a new council vote.
• Some other process was used that has not yet come to light.

Under section 90 of the Community Charter, councils can meet in closed session on legal advice and litigation. That is not improper by itself. It does mean open agendas and minutes do not show who decided what.

Questions for the City of Delta and Dylan Kruger

1. Who authorized the expenditure for Councilor Kruger’s defense, and under what policy, bylaw, or delegated authority?
2. Was the matter considered by Council? If so, when, and in an open or closed meeting?
3. What releasable resolutions or approval records document the decision?
4. What records show whether Councilor Kruger declared a conflict and withdrew from any relevant discussion or vote?
5. If Council voted, which members participated, and what voting information can be released?
6. Did the City pay any settlement funds, directly or on behalf of another defendant? If so, who authorized payment?
7. What was the complete public cost, including GST, subsequent legal invoices, and any settlement payment?

If the City says closed-meeting details are confidential, we ask it to confirm in writing who made the decision and how it was recorded, and to name the legal section it relies on for anything it withholds.

These questions concern the handling of public funds. They do not assert that an unlawful payment or an unmanaged conflict occurred. The records are needed to establish what happened.

Records we are requesting

• Delta’s bylaw or policy on indemnifying council members and employees.
• The resolution authorizing payment of Councilor Kruger’s defense costs, with its date and the recorded vote, if one exists.
• Any resolution retaining Alexander Holburn Beaudin & Lang for Councilor Kruger, and who authorized it.
• Any record of those items being released from a closed meeting.
• The GST dollar amount on the disclosed fees, and any 2026 legal invoices related to this file.

On August 29, 2026, DCC Now filed a request for review with the Office of the Information and Privacy Commissioner, limited to the total settlement amount. That review is open. This post does not say any prior order forces Delta to disclose.

Responses welcome

The City of Delta and Mr. Kruger are invited to provide explanations and supporting records. Any member of council, any mayoral candidate, or the City can send a response, or a correction, to info@dccnow.com. We will publish responses as received, in full and without editing, with the date received.

Residents deserve a clear account of how this money was authorized before they vote on October 17.

This report does not make a finding on the allegations or on the legal responsibility of any party.

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Sarbjot Singh Locham
Resident & Editor, DCC Now – Delta Community Concerns
info@dccnow.com · dccnow.com
Independent Community Reporting · Public Records · Transparency · Accountability

This is a reading of public records, not legal advice. © DCC Now. Do not reprint, boost, or use this text as election advertising for any candidate or slate without written permission from DCC Now.