Vaughan Deputy Mayor Di Biase's legal challenge to be heard mid-May

Seeking to quash integrity commissioner's findings and council-imposed penalty

Yorkregion.com
March 31. 2016
By Adam Martin-Robbins

Vaughan Deputy Mayor Michael Di Biase’s legal challenge of a scathing report by the city’s ethics czar and the subsequent penalty imposed by his council colleagues is going to court in mid-May.

A judicial review of Integrity Commissioner Suzanne Craig’s findings, nearly a year ago, that Di Biase breached the code of conduct for councillors and council’s unanimous decision to dock his pay for 90 days is scheduled to take place May 17 and May 18.

Morris Manning, Di Biase’s lawyer, laid out his arguments for having the court quash Craig’s findings and overturn the penalty imposed by council in a factum filed with the court in December.

Many of the arguments are similar to those he made to Vaughan councillors immediately after Craig unveiled the findings of a four-month probe, triggered by a complaint from Richard Lorello, a city hall watcher and Di Biase’s long-time political rival.

In her report, Craig found that Di Biase, a veteran councillor and former mayor, used intimidation and abusive language to pressure city staff who opposed his efforts to secure municipal projects for Maystar General Contractors, the firm that built Vaughan city hall.

Craig didn’t investigate Maystar and there’s nothing in her reports to indicate the company did anything wrong.

In the factum, Manning alleges Di Biase wasn’t given “a real opportunity” respond to the integrity commissioner’s findings.

The factum states Di Biase was denied a request to know the identity of the people who made accusations against him and was not provided with their statements or documents they provided to the integrity commissioner during her probe.

During her investigation, Craig spoke to more than 30 staff members who expressed concern about Di Biase’s conduct. Their names were kept secret, for fear of reprisals, she noted in her report.

Manning further argues Craig didn’t have a mandate to present the results of her investigation to council since her appointment as integrity commissioner ended April 5, 2015, five days before her initial findings were posted on the city’s website and nine days before they were formally presented to council.

And, Manning argues, council’s decision to re-appoint her on April 13 and make the appointment retroactive to April 5 was illegitimate.

Back in December, Manning said he’s confident there’s a solid case for quashing the integrity commissioner’s report and overturning the pay suspension.

“I wouldn’t be bringing it before the court (otherwise),” he said in a phone interview.

Craig, meanwhile, expressed optimism that her findings and the penalty imposed by council will be upheld.

“I believe what we witnessed in April was the accountability and transparency section of the Municipal Act in action,” she said. " ... And I have the utmost faith in the judicial system to ensure that the intent and the spirit of the Amendment to the Municipal Act (which created accountability and transparency measures such as the code of conduct) will be effectively played out in the outcome of this judicial review.”

In the wake of Craig’s report and council’s decision to penalize the deputy mayor, York Regional Police launched a probe into city contracts signed during Di Biase’s 24 years in office, including his time in the mayor’s chair from 2002 to 2006.

That investigation was later handed over to the OPP to avoid a potential conflict of interest as Di Biase sits at regional council, which votes on the York Police budget.

An OPP spokesperson has confirmed the investigation is ongoing.