In this Where it Stands feature, CollingwoodToday is providing a look into the 2018 decision by council to launch a judicial inquiry into the 2012 sale of 50 per cent of Collus to PowerStream.
The sale
The sale of 50 per cent of Collus shares to Powerstream took place in 2012. Proceeds from the $15 million (in cash and dividends) sale were used to cover the costs of two new fabric-membrane structures. The structures house Centennial Aquatic Centre and Central Park arena.
Since then, the purchase of the membrane structures has become the subject of a police investigation and a protest on the steps of town hall. The town hired lawyer William McDowell to look into the sale and spending of proceeds. He brought his findings to council in an in camera session and public presentation on Feb. 26, where he recommended a judicial inquiry. He provided council with a list of what he said were unanswered questions about the sale and spending, and those questions included whether or not there was effective oversight.
He suggested an inquiry would help clear the air.
In fact, a judge in a judicial inquiry does have the ability to obtain documents and interview individuals under oath.
The inquiry
On Feb. 26, council passed a resolution formally requesting a judicial inquiry into the sale and spending of proceeds.
In April, Justice Frank Marrocco was appointed as judge over the inquiry. Later, Janet Leiper was named head of inquiry council. Her team included Kirsten Thoreson as vice-chair of inquiry council until Nov. 30. Thoreson was replaced by Kate McGrann. Simon Gooding-Townsend and Max Libman have since been added to the counsel team to help process documents, information, and interviews. Inquiry staff include Shelley Fuhre, the executive director for the inquiry working on the administration side of things, and Peter Rehak, who is director of communications for the inquiry.
The first community meeting took place August 13, where Justice Frank Marrocco introduced himself and his team.
“The task of the inquiry is to find out how and why the problem attracted the public’s attention and interest occured to determine whether there is a problem and if there is, how similar problems can be avoided in the future,” Marrocco told a packed Community Room on the third floor of the library.
The next task was to establish the participants who would have standing in the inquiry. Parties were encouraged to apply, and they appeared in a public meeting on participation and funding on August 14. Eight parties were granted standing including: Alectra Utilities Corporation (formerly PowerStream); Paul Bonwick; Ian Chadwick; Collus PowerStream Corp; Sandra Cooper; Tim Fryer; Edwin Houghton; and the Town of Collingwood.
Another public hearing took place Oct. 29, at which time Justice Marrocco set a deadline of the end of November for all parties to submit documents relevant to the inquiry.
By the beginning of December, a spokesperson for the inquiry confirmed the team had received more than 400,000 documents and expected another 27,000 more soon.
Where it stands
On Dec. 20, the judicial inquiry team announced dates for the public hearings in April and May for the sale and process by which the proceeds were spent. A third phase of hearings on policy will take place in June.
Collus has been sold completely to Epcor, and ownership has officially transferred.
All hearings will take place at the town hall council chambers and will be live streamed on Rogers and archived online via Rogers after.
The judicial inquiry has set up a website, which contains updated information on hearing schedules and will eventually include information on submissions.
CollingwoodToday will continue to follow this story in 2019 and report regularly on the issue.
