Disclosure wrangling persists in Ontario gas plants trial; new delay possible

TORONTO — The long-awaited gas plants trial of two top aides to Ontario’s former premier in Toronto could be delayed yet again.

As happened earlier in the week, the defence complained Thursday again about a lack of information provided by the prosecution.

Lawyers for David Livingston and Laura Miller said they might need another week-long adjournment — until Sept. 25.

Instead, the judge made it clear he wants the trial started, and sent the parties to a room to work out their differences.

They later emerged to say they had made some progress and would report back on Friday.

The aides to then-premier Dalton McGuinty face three charges over deleted e-mails about the Liberal government’s decision to cancel two gas plants just before the 2011 election.

The trial was to have started hearing witnesses last Monday but was delayed a week over the disclosure issue, with the parties to report back to the court on Thursday. Livingston’s lawyer, Brian Gover, kicked off the day’s proceedings by indicating the defence would be needing another adjournment.

“Let me begin with the upshot: The disclosure is still incomplete,” Gover told Ontario court judge Timothy Lipson. “We should adjourn for an additional week so that the Crown can comply.”

Gover rhymed off a list of complaints, suggesting the prosecution had failed to follow the court’s directions from earlier this week.

The material at issue, the lawyer said, relates to updated police and prosecution notes of witness interviews.

Crown lawyer Tom Lemon defended the prosecution’s effort to follow the disclosure instructions Lipson gave on Monday when he put the case over.

“We feel we have complied,” Lemon said. “In our view we were overly generous.”

Livingston and Miller have pleaded not guilty to charges of breach of trust, unlawful use of a computer, and mischief.