Collingwood’s judicial inquiry into the 2012 Collus share sale resumes next week.
Public hearings start Sept. 11 and run through Oct. 31, this time focussed on the allocation of the share sale proceeds.
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 for 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 inquiry was called by council on Feb. 26, 2018, by a formal motion requesting an inquiry into both the sale and spending of the proceeds.
A judge in a judicial inquiry does have the ability to obtain documents and interview individuals under oath.
Associate Chief Justice Frank Marrocco was appointed judge over the inquiry with Kate McGrann as the lead counsel.
“The task of the inquiry is to find out how and why the problem attracted the public’s attention and interest occurred to determine whether there is a problem and if there is, how similar problems can be avoided in the future,” said Marrocco during a public session.
The first phase of the inquiry hearings dealt with the sale of Collus and ran from April through June and included a list of more than 30 witnesses, most of whom appeared in person. Those who didn’t submitted a written affidavit.
The first phase also included the creation of a Foundation Document, which was made public by the inquiry. The document was a chronological summary of events as documents and witness testimony stated they occurred. The document - more than 300 pages plus hyperlinks to supporting documents - covered only the share sale.
Each party was given an Aug. 30 deadline for submitting closing statements. Those statements have not been posted publicly yet, but will be posted on the Collingwood Inquiry website.
The inquiry has created another foundation document for the second phase of hearings, but it has not yet been posted publicly. The document is currently being reviewed by all the parties with standing in the inquiry, which includes BLT Construction, Paul Bonwick, Ian Chadwick, Collus PowerStream Corp, Sandra Cooper, Tim Fryer, Edwin Houghton, and the Town of Collingwood.
The second phase of the inquiry will include witnesses, documents, and evidence pertaining to the decisions made surrounding the spending of the sale proceeds.
The hearings for the third phase of the inquiry have not been announced. The third phase will include a panel of municipal governance experts and will help Justice Marrocco form his recommendations for the conclusion of the inquiry.
Marrocco has previously explained the inquiry is not a trial, even though it may look like one.
“It’s an investigation, and it’s different than most investigations because it’s public,” said Marrocco, who worked as counsel on the Walkerton water judicial inquiry. “Inquiries have a way of impacting legislation, regulations passed by the province and codes of conduct passed by the town. And generally, they can have an impact on policy.”
The upcoming hearings will take place in the town hall council chambers. Watch CollingwoodToday.ca for updates from the hearings.
