Windsor Star

Volkswagen not co-operating with Ontario’s probe: court documents

Affidavit reveals increasing friction between the ministry and the company

- ADRIAN HUMPHREYS

TORONTO Ontario’s environmen­t ministry investigat­ors probing the internatio­nal Volkswagen emissions scandal accuse officials with the German automobile company of not fully co-operating in their investigat­ion.

Internal communicat­ion between Volkswagen and the Ministry of the Environmen­t and Climate Change reveal increasing friction over two years of scrutinizi­ng VW’s use of “cheater devices” on vehicles to evade environmen­tal regulation­s.

From VW’s head office in Germany refusing to accept couriered letters from the ministry to VW Canada’s employees appearing reluctant to speak, several complaints about a lack of assistance are contained in a sworn affidavit in support of a search warrant for VW Canada’s headquarte­rs in Ajax, Ont.

“We do not view the level of cooperatio­n we have received as consistent with this commitment to your customers or the assertions of your counsel,” a ministry investigat­or wrote in a July letter to VW’s president, Maria Stenstroem, according to the affidavit, called an Informatio­n to Obtain, or ITO, filed in court.

The ITO notes VW’s public statement to customers on its website says VW Canada “will cooperate fully with the Ontario Government’s investigat­ion.”

The Ontario probe stems from stunning revelation­s two years ago of software in some of VW’s diesel vehicles designed to hide the amount of contaminan­ts released during emission tests. In the U.S., VW agreed to pay more than $20 billion to settle criminal charges and civil claims over the scheme.

Ontario has now charged Volkswagen AG, the parent company in Germany of VW Canada, with breaching the province’s Environmen­tal Protection Act by causing or permitting motor vehicles to operate with higher than allowed emission levels.

The breadth of the ministry’s investigat­ion is highlighte­d in the court filing.

The ITO lists three “suspects”: VW’s parent company in Wolfsburg, Germany, and two wholly owned subsidiari­es: Volkswagen Canada Group Inc. and Audi Canada Inc.

The ministry alerted VW to its investigat­ion in October 2015 in a written request to Stenstroem for cooperatio­n and informatio­n. The letter sought various types of informatio­n, according to the ITO.

The reply came from VW’s lawyer, Teresa Dufort, saying the company would co-operate and, a month later, some informatio­n was provided to investigat­ors.

“No one currently employed at VGCA had knowledge of the software described … until after the disclosure­s” in the U.S. in 2015, Dufort wrote, according to the ITO.

Thus began a series of what appear to be increasing­ly strained exchanges between the ministry and the company.

VW suggested the province was wading into federal affairs and that since VW Canada only imported cars, not made them, investigat­ors’ resources were misplaced. VW sought assurances informatio­n would remain confidenti­al. VW complained the requests were becoming “very onerous” in terms of workload and “tenuous” in terms of value.

The investigat­ors’ replies often noted missing informatio­n or answers they felt were incomplete and usually asking additional questions. They started requesting interviews with specific VW employees. The ministry also asked if VW would loan the ministry a 2011 and 2013 diesel Jetta for its testing, but a response is not noted in the ITO.

If the responses from VW’s Canadian office were getting chilly, the apparent feedback from VW in Germany was out-and-out frigid, investigat­ors suggest in the ITO.

On May 12, 2016, a letter from investigat­ors was sent through Purolator courier to Matthias Müller, the chief executive of Volkswagen AG in Germany, who was named to the post after the resignatio­n of his predecesso­r following the scandal.

The package was refused, the ITO claims.

The ministry asked VW Canada’s lawyer to help deliver the letter to VW’s parent company. A response is not noted.

By July, ministry investigat­ors were showing up at VW headquarte­rs and phoning company officials asking for informatio­n they felt was missing. VW’s lawyer complained of the in-person visits over a voluntary request.

VW was co-operating “but is concerned about the tenor of the communicat­ions,” VW wrote to the ministry, according to correspond­ence quoted in the ITO.

In August, investigat­ors went to more than two dozen VW dealership­s around Ontario asking more than 60 employees what they knew about the cheat scheme and when they first knew of it.

Many of the staff said they first learned of the scandal through the news media, the ITO says.

Some dealership managers said they attended a meeting in Toronto with VW officials and online meetings for updates. One described the meetings as “crisis management,” according to the ITO.

What was on the dealers’ minds at the meetings, one dealer told investigat­ors, was “How do they stay in business,” the ITO says.

Little of the meetings were of a technical nature about the cheat devices, beyond company officials telling them their engineers are looking at it, the ITO says.

Service technician­s and managers at dealership­s generally told investigat­ors they had no knowledge of what the software did, according to the ITO.

Thomas Tetzlaff, a spokesman for VW Canada said: “Volkswagen Canada has not seen the document. It would not be appropriat­e to comment.”

At the time of the raid on VW’s headquarte­rs on Sept. 19, a VW Canada spokesman said: “We’ll continue to co-operate with them until they have the informatio­n they require … We’re not hiding anything.”

 ?? PETER J. THOMPSON ?? Documents reveal that Ontario investigat­ors often noted missing informatio­n or answers they felt were incomplete while VW Canada suggested the province’s resources was misplaced.
PETER J. THOMPSON Documents reveal that Ontario investigat­ors often noted missing informatio­n or answers they felt were incomplete while VW Canada suggested the province’s resources was misplaced.

Newspapers in English

Newspapers from Canada