Hazel McCallion. Michael Nobrega. WCD. WHO wanted the court file SEALED? “–the Mayor did have a much tighter relationship with the Oxford group than they did with us.”
August 12th, 2010
We’ve got a unique one for you today!
Video combining August 11, 2010 Inquiry testimony by Craig Coleman, former president of 156 Square One and Hawthorne Realty Advisors (AIMCo rep), with video from the January 22, 2009 meticulousy-orchestrated Enersource public information meeting.
So how meticulously-orchestrated was it?
It was so meticulously-orchestrated that Hazel McCallion did not invite former city manager (and key negotiator) Dave O’Brien to the meeting.
Truer words were never spoken than Mr. Coleman’s August 11th comment about Hazel McCallion, Michael Nobrega/Dave O’Brien OMERS (Ontario Municipal Employees’ Retirement System):
— the Mayor did have a much tighter relationship with the Oxford group than they did with us.
Here’s video confirming AIMCo’s terrific instincts!
And the court transcript!
Video: Hazel McCallion. Michael Nobrega. WCD. WHO wanted the court file SEALED? (4:04 min)
(Click here to go directly to the clip on YouTube)
COURT TRANSCRIPT BEGINS
“Q” is William McDowell, “A” is Craig Coleman
16 Q: Now, let's look at Exhibit 380. So 17 this is September 11th, 2009. There's an offer to settle 18 that's been received by Mr. Smart, and he's emailed you. 19 A: Correct. 20 Q: When did you learn that the 21 litigation had in fact been settled? 22 A: It would have been later that day. I 23 was out of the office and actually not receiving phone 24 calls or emails. And it would have been around four 25 o'clock that evening that I had -- when I -- when I kind
2856 1 of got in an area where my Blackberry was working, all of 2 sudden a number of emails and phone messages popped up, 3 and we had learned that Oxford wanted to settle. 4 Q: Okay. Let's look at Exhibit 382. 5 This is the offer that Mr. Smart's referring to, I take 6 it? 7 A: Yes. 8 Q: Let's scroll down. So the number 9 we've heard in other evidence is $4 million. And then if 10 you look at the third paragraph there: 11 "The parties will consent to an order 12 to remove all the application and 13 counter-application materials from the 14 court file or to seal the court file." 15 Was the genesis of that notion of sealing 16 the file WCD? 17 A: I -- I don't know. 18 Q: You don't know. Then let's look at 19 Exhibit 383. So Mr. Charles reporting to you, John, and 20 Gawain -- Mr. Filipetti and Mr. Smart, I take it? 21 A: Yes. 22 Q: 23 "They have been instructed to accept 24 the settlement offer from WCD at the 25 cost of 4.0 million. They indicated
2857 1 that due to a larger OMERS relationship 2 with the City of Mississauga, they are 3 willing to accept the settlement." 4 This, I gather, didn't sit well with -- 5 with your clients, AIMCo? 6 A: We weren't consulted -- 7 Q: Right. 8 A: -- with respect to the settlement. 9 We weren't aware that people were even negotiating a 10 settlement. 11 Q: M-hm. 12 A: We were comfortable with our position 13 with respect to the litigation. 14 Q: M-hm. 15 A: So this come -- this really -- this 16 settlement came out of the blue. 17 Q: Did you understand that you had an 18 opportunity to veto the settlement? 19 A: From our perspective at this point in 20 time, we believed it was a done -- it was effectively a 21 done deal. 22 Q: Right. So that -- 23 A: It's been done. Our understanding is 24 it's been done at a higher level. And quite frankly, 25 Oxford's there to get it papered and get it done.
2858 1 Q: Did you speak to Mr. Smart about the 2 settlement personally? 3 A: Yes. 4 Q: Tell us about that discussion. 5 A: Well, again, we weren't happy. We 6 were trying to understand why. We were con -- we were 7 concerned about -- we were concerned in that we -- we 8 don't know why this settlement happened; we don't know 9 the details of the settlement; we don't know what the 10 impetus to the settlement was; and I relayed all that 11 Gawain, and quite frankly, was concerned that -- we were 12 concerned with our position. 13 Q: Did you appreciate that -- that he 14 had been out of the loop in the settlement discussions as 15 well? 16 A: It seemed to maybe catch him a bit 17 off guard as well.