No criminal charges for Toronto councillors
But Grimes and Di Ciano will appear in court on Dec. 19 over elections act allegations
Police have concluded both criminal and non-criminal investigations into two city councillors without any criminal charges being laid.
Last month, Councillor Mark Grimes and former councillor Justin Di Ciano were charged with Municipal Election Act offences, which are not criminal, with the Ontario Provincial Police alleging both councillors improperly filed $26,000 in campaign expenses in 2014.
The police investigation also involved allegations of wrongdoing involving developer Dunpar Homes. The allegations were levelled by former Dunpar employees and detailed in a police document that was filed with the courts. Those allegations have not been substantiated, police said this week.
Both Grimes and Di Ciano deny any wrongdoing and said the allegations involving the developer are baseless.
Dunpar was not the target of the investigation and police have made no allegation of wrongdoing against the company. President John Zanini says any allegations of improper dealings with candidates are false. On Wednesday, OPP spokesperson Staff Sgt. Carolle Dionne said the “investigation is deemed as concluded, however should new information come to light we will investigate.”
This summer, police were granted a warrant by a justice of the peace to search property belonging to Campaign Research, the polling firm that allegedly did work to benefit the candidates in 2014 that was not claimed in their expenses. The warrant was part of investigators’ search for evidence that Grimes and Di Ciano violated elections rules.
In order to obtain that warrant, police filed an “information to obtain” document, which includes unproven allegations in their investigation to that point.
In it, police summarize interviews with two former Dunpar employees — Mark Mitzner, a former partner at Dunpar, and his son Matthew.
According a police summary of an interview with Mark Mitzner, Dunpar president John Zanini “actively recruited” Di Ciano to run for municipal office and “directed” employees to assist with his campaign.
According to police, Matthew Mitzner told investigators that “the strategy for Di Ciano and Zanini was to influence politician’s decisions in favour of Dunpar real estate developments.”
Both Mitzners also claimed, according to the police document summarizing their comments, that cash in envelopes was used to “cover up financial support” to Di Ciano’s campaign.
The former Dunpar employees also alleged Dunpar provided construction work on Grimes’ home. The police document does not contain any other information about this.
The police document notes that Mark Mitzner was involved in a civil suit about his departure from the company.
It also notes the police were not relying on the Mitzner’s statements as part of the Municipal Elections Act charges against the councillors.
The investigation was originally referred by the city’s integrity commissioner to Toronto police, who requested the OPP investigate.
Grimes and Di Ciano have a court date regarding the elections act charges on Dec. 19.