One participant in Collingwood’s judicial inquiry is calling the summary and chronology document prepared by the inquiry counsel team an “adversarial document written from a predetermined perspective.”
Frederick Chenoweth, lawyer for former Collus president and CEO and town of Collingwood interim CAO Ed Houghton, used that description to describe what is called a Foundation Document in his written opening statement, which was posted on the inquiry website.
The Foundation Document was prepared by the counsel team working for the judicial inquiry based on 440,000 documents submitted by various participants in the inquiry. The document contains more than 300 pages plus several links to other documents supporting points in the summary and chronology.
“It invites the reader to conclude that the actors described in the narrative were involved in some predetermined conspiracy to assist only themselves,” said Chenoweth in his opening statement.
Houghton’s lawyer further suggests the oral evidence given during the inquiry “will present a significantly more positive view of the actions of those involved in the sale.”
“I am satisfied that the anticipated evidence will demonstrate a significant and well-planned effort to obtain for the town of Collingwood the best possible price and the best possible partner resulting from the eventual sale and strategic power distribution partnership,” states Chenoweth in his opening statement on behalf of Houghton.
Each participant was invited to provide written opening statements for the inquiry.
Alectra’s (formerly Powerstream) lawyers wrote PowerStream took “reasonable steps to address any perceived conflict arising from Mr. [Paul] Bonwick working as a consultant on PowerStream’s potential acquisition of Collus Power.”
The opening statement document states “PowerStream obtained written confirmation from the Town of Collingwood Clerk that the Mayor had no conflict of interest arising out of Mr. Bonwick acting for PowerStream.”
Likely, that written confirmation refers to an email sent by Bonwick to PowerStream president Brian Bentz and copied to Clerk Sara Almas, in which Bonwick states he met with the clerk and she gave an opinion that there was no conflict according to the “Provincial” conflict of interest act.
The Clerk stated in yesterday’s hearing, the act is called the Municipal Conflict of Interest act, and that when she spoke to Bonwick, she was clear to say she could not give legal advice or opinion.
“PowerStream did not agree to pay, and did not pay, any success fee to Mr. Bonwick in connection with the Collus transaction,” reads the Alectra opening statement. “PowerStream had no reason to believe that the CEO of Collus (or anyone else at Collus) would release to PowerStream or to its consultant, Mr. Bonwick, any information that it was not appropriate for PowerStream to obtain.”
Alectra, like Houghton’s lawyer, states Collingwood received “exceptional value” for the share sale
Paul Bonwick is representing himself in the inquiry and therefore submitted his own opening statement. In it, he characterizes Collingwood Council and the CAO's relationship with Collus as “dysfunctional.”
“Unfortunately, this, like most [local distribution company] sales, this one became fraught with incriminations, disinformation, misinformation and I believe an ineffective information/education campaign for the customer base and future elected officials,” said Bonwick in his statement.
He also included a comment about “individuals and special interest groups” using OPP investigations and judicial inquiries as political tools, while also suggesting the “local political environment” has become “caustic in a manner similar to that taking place in the United States.”
“In Collingwood alone, there has been two judicial inquiries requested in past years as well as several complaints filed with the Ontario Provincial Police on various matters,” stated Bonwick. “To date, these investigations have done little more than paint a black cloud over the community, cost countless millions of dollars and damaged the reputation of several good people.”
The current judicial inquiry is the only one that has been requested by a council motion to the province.
Tim Fryer, the former CFO of Collus and a former town councillor, has also been granted standing. In his opening statement, he states the evidence will show “Collus operations provided a healthy balance through all of the years of operation.”
“I appreciate the opportunity to participate so that I can fully assist rather than feel, as I sometimes have in the past, limited in the level of input that I am able to provide,” said Fryer.
The town of Collingwood opening statement, signed by lawyers William McDowell, Andrea Wheeler, and Ryan Breedon is a few paragraphs long and states the town is committed to supporting the work of the inquiry.
“It is in the interest of all residents and ratepayers of the Town of Collingwood that the inquiry proceed without interference,” reads the statement.
You can read the statements in full online here.
The judicial inquiry hearing is continuing today with Clerk Sara Almas still on the witness stand being cross-examined by those with standing in the inquiry. The inquiry is streaming live on Rogers TV here.
