'Put it to bed': Former Vaughan councillor convicted of Municipal Act offence

Michael DiBiase, longtime councillor, mayor, avoids criminal charges

Yorkregion.com
February 6, 2020
Jeremy Grimaldi

After a four-year investigation by the OPP’s corruption squad, which led to criminal charges, former Vaughan mayor Michael DiBiase pleaded guilty to a Municipal Act offence.

On Feb. 3, in Newmarket court’s austere triage courtroom 202, a frail looking DiBiase stood alongside attorney Marie Henein to accept a $5,000 fine for violating the Municipal Act. The criminal charges, including breach of trust and municipal corruption, were dropped.

According to the agreed statement of facts, he only benefited $8,100 over eight years, from 2006 to 2014.

It was in June 2005 while serving as Vaughan’s mayor, the document outlines, that DiBiase purchased a property on Orr Lake, in Springwater Township.

The property is on the same lake as a cottage owned by Joe Maio, president of Maystar General Contractors, a company that has been paid more than $150 million by the City of Vaughan after working on a number of high-profile buildings including: Vaughan City Hall, Father Ermanno Bulfon Community Centre, Thornhill Woods/Pleasant Ridge Library, Pierre Burton Library and the Vaughan fire station on Dufferin Street.

In 2012, when he began building his cottage, DiBiase asked Emilio Manzo, co-owner and partner at Maystar, for help.

Following this, DiBiase used Manzo or Maystar employees working under Manzo's direction to benefit the company's services, including consultation, advice and quotes from third parties in respect of a helical pile (screw in, ground anchoring) foundation.

Not only did DiBiase not pay Maystar or Manzo for the services, he further neglected to declare conflicts of interest when voting on whether Maystar would get city contracts he was assessing, voting on and potentially awarding.

At a meeting about the Thornhill Woods library branch, in January 2013, DiBiase moved the meeting in-camera and told the Vaughan Public Library Board, of which he was the trustee, to “give the job to Maystar” despite Maystar’s official rejection as a potential bidder because it was suing the city at the time.

DiBiase subsequently voted in favour of settling the city’s lawsuit with Maystar, a unanimous vote.

When Maystar could once again bid on the project, DiBiase, as trustee, moved that Maystar be awarded the Thornhill Woods project and then, as councillor, seconded that Maystar be awarded the $2.8-million project.

Henein said the 72-year-old pleaded out at the first possible opportunity, citing a number of health concerns, including a recent heart attack, Type 2 diabetes and kidney issues.

“(This has been) profoundly distressing to him and his family that he finds himself here,” she said. “(The) stress of this investigation and laying of criminal charges had profound effect on his health.”

His attorney further noted the extensive media coverage of the investigation and case also had adverse effects on his health.

As part of the agreement, DiBiase also made a donation of $20,000 to two Vaughan charities -- a food bank and an assisted living charity.

Henein told the court this was not only an “appropriate resolution,” but also a “correct exercise of the Crown’s discretion.”

“I am confident that Mr. DiBiase will not talk in this court again,” she added.

In 2015, DiBiase was docked three months’ pay, or $21,000, after an integrity commissioner found he breached the city’s code of conduct.

DiBiase, who has served on council in a number of capacities, including councillor, mayor, deputy mayor and regional councillor over some 24 years, resigned from council in 2017 after a city employee reportedly recorded a conversation between the two, where she indicated he touched her breast, tried to kiss her and put his tongue in her mouth.

The OPP anti-rackets began its investigation in 2015 after DiBiase's longtime political rival and local activist, Richard Lorello began looking into his behaviour.

"It's disappointing," he said. "They are sending a message that this can be done and all you get is a fine. (This fine is) equivalent to a parking ticket. The penalty doesn't fit the crime."

DiBiase spoke to the judge and the court briefly, thanking his lawyer and suggesting he was happy to have the case over with.

“I would just like to put it to bed,” he said.

Justice Christine Pirraglia said DiBiase has “paid dearly” for his “lack of discretion” in contravening the act and not disclosing work with Maystar, suggesting he’s been left “humiliated.”