Sparring continues over disclosure in gas plants trial

TORONTO — The long-awaited gas plants trial of two top aides to Ontario’s former premier in Toronto could yet 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 weeklong 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 emails 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 over disclosure, with the parties to report back to the court on Thursday.

Livingston’s lawyer, Brian Gover, kicked off proceedings by indicating the defence would need 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.

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

Lawyer Scott Hutchison, who speaks for Miller, complained about a recent report from a computer expert the prosecution plans to call as its first witness. Despite a six-hour meeting with its own expert this week, the defence said it was still scratching its head over what it meant.

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