The judge presiding over Collingwood’s judicial inquiry is recommending the town and Paul Bonwick have their own conversations on an application from Bonwick for funding to participate in the inquiry.
Bonwick was granted standing in the judicial inquiry on Oct. 29, 2018. He applied to the town for funding to cover his legal costs incurred through participating in the inquiry.
The inquiry was ordered by town council in February 2018, and was called to investigate the decision to sell 50 per cent of Collus shares to PowerStream in 2012, and the subsequent decisions made on how to spend the money from the sale.
According to David O’Connor, who was representing Paul Bonwick in the participation hearing in August, Bonwick was “involved with both the things … the PowerStream purchase of Collus and the other municipal buildings that were built.”
O’Connor told Marrocco during the participation hearing Bonwick was retained by companies in both instances and paid as a consultant to assist them in getting the contracts.
O’Connor said Bonwick did not have the money to undertake what he called an “immense undertaking” and “expensive proposition” to participate in the inquiry. O’Connor told Marrocco during the hearing Bonwick couldn’t afford legal counsel.
“If he can participate without counsel, in my submission, because of his unique position … it would turn out to be an unfair inquiry, at least for him,” said O’Connor.
The town did not grant Bonwick’s request for funding. CAO Fareed Amin said he reviewed the information provided by Bonwick’s lawyer David O’Connor, and, on the basis of the information provided, decided to decline his application for funding.
Other participants, such as former mayor Sandra Cooper, also made an application for funding. Hers was granted by the town.
According to a report posted on the Collingwood judicial inquiry website by Justice Frank Marrocco, Bonwick supplied materials to the judicial inquiry counsel indicating funding was declined.
“During submissions, counsel for the town advised that the funding impasse might be resolved if Mr. Bonwick were to provide a more detailed financial affidavit and subject himself to cross examination,” said Marrocco in his report.
“At the time, counsel for Mr. Bonwick indicated that this was not an acceptable course of action for his client. He did, however, offer to produce his client for an interview with the CAO,” reads Marrocco’s report.
According to Bonwick, O’Connor is not providing legal advice or representing him until Bonwick receives “final direction related to the funding request.”
“I believe we provided all personal and corporate bank records as well as a list of assets and liabilities to the judicial counsel,” said Bonwick. “Subject to the CAO’s decision on whether to continue consideration of the funding request, I would provide him updated financial information as of March 30.”
According to Marrocco’s report, Bonwick asked Marrocco to review his request for funding on March 11 and direct the town to reconsider its refusal to pay legal fees. Marrocco said he wouldn’t make a recommendation based on the material provided. Instead, he suggested Bonwick and the town engage directly on the matter.
Amin said he hasn’t received any subsequent documents in support of Bonwick’s funding application, but would review any information that is provided.
“If he contacts me, I will hear what he has to say,” said Amin.
Bonwick told CollingwoodToday this week he was reserving comment on his level of participation in the inquiry until he received an answer to his most recent funding request submitted in March.
