The MississaugaWatch Sniff Test

This question is the MISSISSAUGAWATCH Sniff Test for all Ontario municipal Mayors and Councillors:

Do you support asking the Ontario government to extend the investigative authority of the Ontario Ombudsman to include municipalities?

If the answer is not an UNQUALIFIED "Yes!", ask "Why not?" and proceed with extreme caution.


MIRROR: Complete Mississauga Judicial Inquiry Transcripts

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

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  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

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  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.

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  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.

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