BREAKING: Richmond Hill councillor wins appeal to reject audit of campaign finances

Yorkregion.com
Aug. 25, 2016
By Kim Zarzour

An Ontario Superior Court judge has overturned an application for a compliance audit of Richmond Hill councillor Greg Beros’ municipal election campaign finances.

Today’s ruling, by Justice Nyron Dwyer, rejects an application made last year to investigate the Ward 1 councillor’s election expenses.

“There is no evidence, nor are there any reasonable grounds to believe that Mr. Beros has contravened any provision of the Act,” Dwyer said in his ruling at Newmarket courthouse Thursday afternoon.

The audit was ordered in July 2015 by a joint committee representing York Region municipalities after a resident, Kristi Kanitz, questioned a flyer that the councillor said was a newsletter mailed out shortly before the 2014 election.

The three-person committee had voted unanimously in favour of investigating Beros’ campaign finances, ruling he may have breached the Municipal Elections Act when he used taxpayer dollars for a mail-out during a time period when election candidates were forbidden to do so.

Town policy provided for a “blackout period” beginning Sept. 11, 2014, after which candidates are not permitted to use town resources to send out newsletters to their constituents, but documents presented at the audit hearing showed Beros delivered the piece of literature to Canada Post after that cut-off date.

“The issue at the hearing disclosed in the minutes seemed to relate to the timing of the mailing, an issue related to town policy which I have determined is not relevant" to the courts' assessment of reasonable grounds to believe Beros had contravened the Municipal Elections Act, Dwyer said.

In addition, Dwyer said, the committee had before it only the first page of the newsletter, and there was nothing on that page that relates to the election, rather it “refers to what can only be described as the ordinary concerns of a town” - generic invitation to community events, GO Transit and an invitation to the public to seek more information if they wish.

“There was no specific allegation of a breach of the Act and further there was not evidence to support the establishment of reasonable grounds," he said.

"I believe the committee made the correct decision and I'm disappointed that the judge didn't agree," Kanitz said in an interview this afternoon.

Beros and a spokesperson for the town were expected to comment later today. Check back with yorkregion.com for more on this story.