P.

Lenczner
...
..,,,,.. Slaght
'

August 21, 2015

130 Adelaide St W
Suite 2600
ToroRto, ON
Canada MSi;t';~l'~

416-865-9500
F 416-865-9010
www.litigatc.com

EA3.2.1

CITY CL1.. . _,
, rC E
'
i . E,; STRY
Dire~ ~W\,, .4 l6-865-j 59.1
DircCl 1r.i'~:' 11.r '4t6--sds!J7ifo I H
Brl!ib.fi.~qi;!}t

Email:

l~15

bkolcnda@litigutc.com

fWG 21 PrrJ 3 55

VIA SAME-DAY DELIVERY AND FACSIMILE

City Clerk1s Office, Election Services

City of Toronto
City Hall. 1st Floor North
100 Queen Street West
Toronto, ON M5H 2N2

Attention: Compliance Audit Committee

Dear Sirs/Mesdames:
RE: Application for Compliance Audit by Michael Craig concerning Councillor
Mark Grimes dated August 6, 2015

We are legal counsel to Councillor Mark Grimes (Ward 6 Etobicoke-Lakeshore) in

respect of the Application for Compliance Audit by Michael Craig concerning Councillor
Grimes dated August 6, 2015 (the "Application").
We understand that the Application is to be considered at the meeting of the Compliance
Audit Committee scheduled for August 25, 2015.
I write on behalf of Councillor Grimes to request a brief adjournment of the
Application to September 8, 2015 to allow Councillor Grimes and his legal counsel
additional time to file a substantive response to the Application and to attend at the
Committee meeting.
In support of this request. I note the following:
1. Although the Application appears to have been marked as received by the City
Clerk's office on August 6, 2015, Councillor Grimes did not receive notice of the
Complaint and the proposed meeting until August 17, 2015 (by letter dated
August 13, 2015), less than 10 days before the meeting;
2. The Application makes several different categories of allegations. the response to
each of which will require the gathering and review of a significant volume of
documentation. That process has been started but will not be complete before
August 25. 2015;

BARR:STERS

lEllCZNER SLAGHT ROYCE SMITH GRIFFIN LLP

City Clerk's Office, Election Services

August 21, 2015
Page2
3. Councillor Grimes will not be able to attend the Committee meeting on August
25, 2015. He is out of the country until approximately August 30, 2015 on a trip
with his family which had been planned many months ago;
4. Our firm has only today been retained as legal counsel to Councillor Grimes and
we require further time to investigate this matter ourselves. Further, William
McDowell, the lawyer in our firm with primary carriage of this matter is also
unable to attend the Committee meeting on August 25, 2015. He is also currently
out of the country until August 31, 2015 with only limited communications
access;
5. The Committee has until at least September 8, 2015 to consider the Application; 1
and
6. There is no prejudice to any party from the brief adjournment. I note that
Mr. Craig's covering letter to the Application of August 6, 2015 itself requests
that the Committee accommodate his schedule and not consider the matter at a
time when he is out of the country.
In my submission, the request for an adjournment of the Application to September 8,
2015 is reasonable. Indeed, it would be procedurally unfair to Councillor Grimes for the
Committee to consider the Application at its meeting scheduled for August 25, 2015.
Please confirm for me in writing whether the Committee will accede to this adjournment
request. If necessary, I am available to attend on August 25, 2015 to speak to the
adjournment request.

BK/

c.

William C. McDowell, Lenczner Slaght

Client

Pursuant to the Municipal Election Act, 1996, S.O. 1996, c. 32, Sched., s. 81(5), the Committee must
consider the Application within 30 days of receipt, i.e. August 6, 2015. That period would ordinarily
expire Saturday, September 5, 2015, a day on which I understand City Hall, where the Committee
meeting is to be held, is not ordinarily open for business. Accordingly, the time for consideration of the
Application expires on Tuesday, September 8, 2015, the next day that the City is open for business (and
is not a holiday), in accordance with sections 89( I) and 89(2) of the legislation Act, 2006, S.O. 2006,
c.21 .