Minutes

Compliance Audit Committee

Meeting No.:: 3
Contact:: Helen Smith, Manager
Meeting Date:: Friday, May 13, 2011
Phone:: 416-392-0146
Start Time:: 9:30 AM
E-mail:: hlsmith@toronto.ca
Location:: Committee Room 2, City Hall

EA3.1 - Compliance Audit Application by Ted Ho for the Election Campaign Finances of Rob Ford

Decision Type:: ACTION

Status:: Amended

Statutory - Municipal Elections Act, SO 1996

Committee Decision

The Compliance Audit Committee rejected the application for a compliance audit.

Summary

Application for a Compliance Audit dated April 14, 2011 from Applicant Theodore (Ted) C.Ho for Mayoral Candidate Rob Ford.

Background Information

(April 14, 2011) Compliance Audit Application: Applicant Ted Ho, Candidate Rob Ford
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-37910.pdf

Communications

(May 4, 2011) E-mail from Suzanne Marquardt (EA.Main.EA3.1.1)
(May 4, 2011) E-mail from Kit Pineau (EA.Main.EA3.1.2)
(May 4, 2011) E-mail from Anneli Tolvanen (EA.Main.EA3.1.3)
(May 4, 2011) E-mail from William Lindsay, Mina Hunt, Contrad Richter, Suzanne Noga, Joseph Ducharme, Donna Haglund, Gary Stinson, John Tosell and Kelly Pykerman (EA.Main.EA3.1.4 - EA3.1.12)
(May 5, 2011) E-mail from Sydney McLaren, Janis Mudie, Jennifer Veale, Mary Veltri, Terry Weatherhead (EA.Main.EA3.1.13- EA3.1.17)
(May 5, 2011) E-mail from W. Thomas Barlow, Fasken Martineau DuMoulin LLP (EA.Main.EA3.1.18)
(May 6, 2011) E-mail from Ted Ho (EA.Main.EA3.1.19 & EA3.1.20)
(May 6, 2011) E-mail from Dieter Heinrich (EA.Main.EA3.1.21)

Speakers

Thomas Barlow, Fasken Martineau DuMoulin LP
Peter Rosenthal, obo Ted Ho, Roach, Schwartz & Associates

Motions

Motion to Amend Item moved by Virginia MacLean seconded by John Hollins (Carried)

That the Committee reject the application for a compliance audit.

Motion to Meet in Closed Session moved by John Hollins seconded by Virginia MacLean (Carried)

That the Committee meet in closed session to hear advice from the City Solicitor on the issue of whether the application is premature, as the matter is subject to solicitor-client privilege.

Motion to Reconvene in Public Session moved by Douglas Colbourne (Carried)

That the Committee resume its public session.

Motion to Amend the Order Paper moved by Douglas Colbourne (Carried)

That consideration of item 1 be deferred until the other applications have been heard.

Rulings

Ruling by Mr. Douglas Colbourne

That the application is properly before the committee at this time and is not premature as suggested by the candidate's agent.

Ruling by Mr. Douglas Colbourne

That the application and additional material are properly before the committee and the argument by the candidate's agent that fresh material submitted by the applicant constitutes a new application is rejected.

1a - Additional submission by Applicant Ted Ho

Origin

(May 10, 2011) Letter from Peter Rosenthal, Roach, Schwartz & Associates

Summary

Additional material filed by applicant Ted Ho to support his request for a compliance audit of candidate Rob Ford: Schedule 2 (pages 118 - 137) to Rob Ford's Financial Statement - Auditor's Report.

Background Information

(May 10, 2011) Additional Submission from Ted Ho
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-38057.pdf

1b - Additional Submission re: Compliance Audit Application by Ted Ho

Summary

Additional Submissions by Peter M. Rosenthal, Roach, Schwartz and Associates, Solicitors, for Ted Ho to support his request for a compliance audit of candidate Rob Ford.

Background Information

Additional submission from Peter M. Rosenthal for Ted Ho
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-38112.pdf
Additional submission from Peter M. Rosenthal for Ted Ho: National Post article dated March 25, 2010

1c - Candidate Submission Re: Compliance Audit Application by Ted Ho for the Election Campaign Finances of Rob Ford

Origin

(May 11, 2011) Letter from From W. Thomas Barlow Fasken Martineau DuMoulin LLP

Summary

Candidate response by W. Thomas Barlow, Fasken Martineau DuMoulin LLP, for candidate Rob Ford, to the compliance audit application by Ted Ho.

Background Information

Candidate Submission re: compliance audit application by Ted Ho
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-38114.pdf

EA3.2 - Compliance Audit Application by Fred Berenbaum for the Election Campaign Finances of Rob Ford

Decision Type:: ACTION

Status:: Withdrawn

Statutory - Municipal Elections Act, SO 1996

Summary

Application for a Compliance Audit dated April 29, 2011 from Applicant Fred Berenbaum for Mayoral Candidate Rob Ford.

Background Information

Compliance Audit Application: Applicant Fred Berenbaum, Candidate Rob Ford
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-37908.pdf

Communications

(May 5, 2011) E-mail from Mina Hunt and Terry Weatherhead (EA.Main.EA3.2.1 & EA3.2.2)
(May 5, 2011) E-mail from W. Thomas Barlow, Fasken Martineau (EA.Main.EA3.2.3)

2a - Withdrawal of Compliance Audit Application by Fred Berenbaum for Candidate Rob Ford.

Origin

(May 10, 2011) Letter from From Fred Berenbaum

Summary

E-mail (May 10, 2011) from applicant Fed Berenbaum requesting that his application for a compliance audit into the election campaign finances of candidate Rob Ford be withdrawn.

Background Information

(May 9, 2011) Fred Berenbaum
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-38097.pdf

2b - Candidate Submission Re: Compliance Audit Application by Fred Berenbaum for the Election Campaign Finances of Rob Ford

Origin

(May 11, 2011) Letter from From W. Thomas Barlow, Fasken Martineau DuMoulin LLP

Summary

Candidate response by W. Thomas Barlow, Fasken Martineau DuMoulin LLP, for candidate Rob Ford, to the compliance audit application by Fred Berenbaum.

Background Information

(May 11, 2011) Candidate Submission re: compliance audit application by Fred Berenbaum
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-38115.pdf

EA3.3 - Compliance Audit Application by Max Reed and Adam Chaleff-Freudenthaler for the Election Campaign Finances of Rob Ford

Decision Type:: ACTION

Status:: Amended

Statutory - Municipal Elections Act, SO 1996

Committee Decision

The Compliance Audit Committee granted the application for a compliance audit and requested the City Clerk, in consultation with the Chief Purchasing Official, to research experienced and knowledgeable individuals or firms and present the Compliance Audit Committee with a list for the Committee's consideration.

Summary

Application for a Compliance Audit dated May 3, 2011 from Applicants Max Reed and Adam Chaleff-Freudenthaler for Mayoral Candidate Rob Ford.

Background Information

(May 3, 2011) Compliance Audit Application: Applicants Max Reed and Adam Chaleff-Freudenthaler, Candidate Rob Ford
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-37915.pdf
(May 3, 2011) Compliance Audit Application: Applicants Max Reed and Adam Chaleff-Freudenthaler, Candidate Rob Ford, Attachment 1
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-37916.pdf
(May 3, 2011) Compliance Audit Application: Applicants Max Reed and Adam Chaleff-Freudenthaler, Candidate Rob Ford, Attachment 2
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-37917.pdf

Speakers

Thomas Barlow, Fasken Martineau DuMoulin, LLP (Submission Filed)
Stephen Chan, Fasken Martineau DuMoulin, LLP
Max Reed
Adam Chaleff-Freudenthaler

Motions

Motion to Amend Item moved by John Hollins seconded by Virginia MacLean (Carried)

That the Committee grant the application for a compliance audit and request the City Clerk, in consultation with the Chief Purchasing Official, to research experienced and knowledgeable individuals or firms and present the Compliance Audit Committee with a list for the Committee's consideration.

3a - Additional submission re: Compliance Audit Application by Max Reed and Adam Chaleff-Freudenthaler

Origin

(May 11, 2011) Letter from Max Reed and Adam Chaleff-Freudenthaler

Summary

Additional submission for the compliance audit application by applicants Max Reed and Adam Chaleff-Freudenthaler for Mayoral candidate Rob Ford.

Background Information

(May 11, 2011) Additional submission from Max Reed and Adam Chaleff-Freudenthaler
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-38102.pdf
(May 11, 2011) Additional submission to the Compliance Audit Application by Max Reed and Adam Chaleff-Freudenthaler: Appendices 15-18

3b - Candidate Submission Re: Compliance Audit Application by Max Reed and Adam Chaleff-Freudenthaler for the Election Campaign Finances of Rob Ford

Origin

(May 11, 2011) Letter from From W. Thomas Barlow, Fasken Martineau DuMoulin LLP

Summary

Candidate response by W. Thomas Barlow, Fasken Martineau DuMoulin LLP, for candidate Rob Ford, to the compliance audit application by Max Reed and Adam Chaleff-Freudenthaler.

Background Information

(May 11, 2011) Candidate Submission re: compliance audit application by Max Reed and Adam Chaleff-Freudenthaler
https://www.toronto.ca/legdocs/mmis/2011/ea/bgrd/backgroundfile-38116.pdf

Procedural Motions

Motion to Adjourn moved by Douglas Colbourne (Final)

Friday, May 13, 2011

Meeting Sessions

Session Date	Session Type	Start Time	End Time	Public or Closed Session
2011-05-13	Morning	9:30 AM	10:04 AM	Public
2011-05-13	Morning	10:04 AM	10:19 AM	Closed
2011-05-13	Morning	10:21 AM	11:30 AM	Public

Attendance

Members were present for some or all of the time period indicated.

Date and Time	Quorum	Members
2011-05-13 9:30 AM - 10:04 AM (Public Session)	Present	Present: Douglas Colbourne (Chair), John Hollins, Virginia MacLean
2011-05-13 10:04 AM - 10:19 AM (Closed Session)	Present	Present: Douglas Colbourne (Chair), John Hollins, Virginia MacLean
2011-05-13 10:21 AM - 11:30 AM (Public Session)	Present	Present: Douglas Colbourne (Chair), John Hollins, Virginia MacLean