Vaughan
October 09, 2008 11:35 AM
Residents stunned their legal costs not ordered picked up by city
Caroline Grech
After months of legal battles, a court has ordered an audit on Vaughan politician Bernie DiVona’s 2006 municipal election campaign finances.
The order from Ontario Justice Howard I. Chisvin overturns the original decision by Vaughan council to not audit Mr. DiVona.
“The first issue is contributions from corporations at 71 Buttermill. Is there belief there are reasonable grounds they are related? They have the same address and one of the companies may not be eligible. It would be reasonable for an elector to believe a contravention took place,” Justice Chisvin said before ordering the audit.
Among the companies located at 71 Buttermill Ave. is Maystar General Contractors Inc., who won the bid to build the new Vaughan Civic Centre amidst controversy.
Questions about Mr. DiVona’s finances were raised by residents Carlo DeFrancesca, Robert Zuccarini and Vaughan Conservative candidate Richard Lorello.
“I’m happy with the decision, but after the election, win or lose, I’ll discuss it further,” said Mr. Lorello.
Justice Chisvin stressed that an audit is simply an investigation, adding his order does not mean that a contravention has taken place.
Mr. DiVona said he welcomes the audit and only asks that it get underway quickly.
“In this case, they (the residents) had evidence based on common directors, found through a corporate search. I did not rely on a computer. I went one step beyond to their lawyers and accountants who know the company structures and financial statements and they have concluded that they are not associated,” Mr. DiVona said after the verdict was handed down.
The councillor submitted more than 60 pages of information, including letters from lawyers saying the companies in question are not related.
Mr. DiVona said the ruling will also impact future municipal candidates, who will need to know the corporate structures of donors or face similar consequences.
He also noted that several councillors received similar donations from the companies.
Justice Chisvin struck down a request to have the residents’ legal costs picked up by the city. Mr. Lorello, Mr. DeFrancesca and Mr. Zuccarini are on the hook for their own $42,000 legal tab.
“I’m absolutely shocked that he would not allow us to recover costs. I’m flabbergasted,” Mr. DeFrancesca said. “The decision actually promotes voter apathy, not to allow applicants to have financial statements reviewed without having to bear the costs of it. We’re acting on behalf of the residents of Vaughan — 260,000 people — why should three individuals bear the cost? It makes no sense. This is a sad day for democracy.”